7 U.S.C. § 8303 — Restriction on importation or entry

Page 2187 TITLE 7—AGRICULTURE § 8303 animal vaccine or diagnostic), pharmaceutical product (including a therapeutic), non-phar- maceutical product (including a disinfectant), or other product or equipment to prevent, de- tect, respond to, or mitigate harm to public or animal health resulting from, animal pests or diseases. (Pub. L. 107–171, title X, § 10403, May 13, 2002, 116 Stat. 494; Pub. L. 115–334, title XII, § 12101(a), Dec. 20, 2018, 132 Stat. 4937; Pub. L. 117–328, div. HH, title V, § 603, Dec. 29, 2022, 136 Stat. 5996.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions and par. (16), was in the original ‘‘this subtitle’’, mean- ing 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 under section 8301 of this title and Tables. CODIFICATION Amendment by Pub. L. 117–328 is based on section 4 of H.R. 5608, One Hundred Seventeenth Congress, as en- grossed in the House of Representatives on Dec. 8, 2021, which was enacted into law by section 603 of Pub. L. 117–328. AMENDMENTS 2022—Par. (8). Pub. L. 117–328 made technical amend- ment to reference in original act which appears in text as reference to section 5304 of title 25. 2018—Par. (18). Pub. L. 115–334 added par. (18). 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. § 8303. Restriction on importation or entry (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 Sec- retary determines that the prohibition or re- striction is necessary to prevent the introduc- tion 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 Sec- retary determines that the prohibition or re- striction is necessary to prevent the introduc- tion 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 main- tained 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 super- vision of the Secretary for the purpose of de- termining whether the animal is or may be af- fected 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 con- veyance that has been imported but has not entered the United States if the Secretary determines that destruction or removal from the United States is necessary to prevent the introduction into or dissemination with- in the United States of any pest or disease of livestock; (B) any animal or progeny of any animal, article, or means of conveyance that has been imported or entered in violation of this chapter; or (C) any animal that has strayed into the United States if the Secretary determines that destruction or removal from the United States is necessary to prevent the introduc- tion into or dissemination within the United States of any pest or disease of livestock. (2) Requirements of owners (A) Orders to disinfect The Secretary may require the disinfec- tion of— (i) a means of conveyance used in con- nection with the importation of an animal; (ii) an individual involved in the impor- tation of an animal and personal articles of the individual; and (iii) any article used in the importation of an animal. (B) Failure to comply with orders If an owner fails to comply with an order of the Secretary under this section, the Sec- retary may— (i) take remedial action, destroy, or re- move from the United States the animal or progeny of any animal, article, or means of conveyance as authorized under paragraph (1); and (ii) recover from the owner the costs of any care, handling, disposal, or other ac- tion incurred by the Secretary in connec- tion with the remedial action, destruction, or removal. (Pub. L. 107–171, title X, § 10404, May 13, 2002, 116 Stat. 496.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1)(B), was in the original ‘‘this subtitle’’, meaning subtitle E Page 2188 TITLE 7—AGRICULTURE § 8304 (§§ 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 under section 8301 of this title and Tables. 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. § 8304. Exportation (a) In general The Secretary may prohibit or restrict— (1) the exportation of any animal, article, or means of conveyance if the Secretary deter- mines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or dis- ease of livestock; (2) the exportation of any livestock if the Secretary determines that the livestock is unfit to be moved; (3) the use of any means of conveyance or fa- cility in connection with the exportation of any animal or article if the Secretary deter- mines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or dis- ease of livestock; or (4) the use of any means of conveyance in connection with the exportation 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 move- ment and humane treatment of livestock. (b) Requirements of owners (1) Orders to disinfect The Secretary may require the disinfection of— (A) a means of conveyance used in connec- tion with the exportation of an animal; (B) an individual involved in the expor- tation of an animal and personal articles of the individual; and (C) any article used in the exportation of an animal. (2) Failure to comply with orders If an owner fails to comply with an order of the Secretary under this section, the Sec- retary may— (A) take remedial action with respect to the animal, article, or means of conveyance referred to in paragraph (1); and (B) recover from the owner the costs of any care, handling, disposal, or other action incurred by the Secretary in connection with the remedial action. (c) Certification The Secretary may certify the classification, quality, quantity, condition, processing, han- dling, or storage of any animal or article in- tended for export. (d) Authorization of appropriations (1) In general There is authorized to be appropriated— (A) $1,500,000 for each of fiscal years 2008 through 2018 to carry out section 11010 of the Food, Conservation, and Energy Act of 2008; and (B) such sums as may be necessary for each of fiscal years 2008 through 2018 to carry out this section. (2) Availability Funds appropriated under paragraph (1) shall remain available until expended. (Pub. L. 107–171, title X, § 10405, May 13, 2002, 116 Stat. 497; Pub. L. 110–234, title XI, § 11010(c), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11010(c), June 18, 2008, 122 Stat. 1664, 2121; Pub. L. 113–79, title XII, § 12101(c), Feb. 7, 2014, 128 Stat. 978.) Editorial Notes REFERENCES IN TEXT Section 11010 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (d)(1)(A), is section 11010 of Pub. L. 110–246, which amended this section and enacted provisions set out as a note below. 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. (d)(1). Pub. L. 113–79 substituted ‘‘2018’’ for ‘‘2012’’ in subpars. (A) and (B). 2008—Subsec. (d). Pub. L. 110–246, § 11010(c), added sub- sec. (d). Statutory Notes and Related Subsidiaries 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. 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. TRICHINAE CERTIFICATION PROGRAM Pub. L. 113–79, title XII, § 12101(a), (b), Feb. 7, 2014, 128 Stat. 978, provided that: ‘‘(a) ALTERNATIVE CERTIFICATION PROCESS.—The Sec- retary of Agriculture shall amend the rule made under paragraph (2) of section 11010(a) of the Food, Conserva- tion, and Energy Act of 2008 (7 U.S.C. 8304(a) [sic]) [7 U.S.C. 8304 note, set out below] to implement the vol- untary trichinae certification program established under paragraph (1) of such section, to include a re- quirement to establish an alternative trichinae certifi- cation process based on surveillance or other methods