7 U.S.C. § 7760 — State terminal inspection; transmission of

Page 2102 TITLE 7—AGRICULTURE § 7760 1 So in original. trol and eradication of plant pests, set forth provisions relating to intergovernmental cooperation and respon- sibility of cooperating foreign agencies, defined terms as used in this section, and authorized rules and regula- tions to provide for inspection and certification of plants and plant products offered for export or transiting the United States. 1990—Subsec. (b). Pub. L. 101–624, § 2504, substituted ‘‘foreign countries’’ for ‘‘all countries of the Western Hemisphere’’ and inserted ‘‘foreign or’’ before ‘‘inter- national’’. Subsec. (f). Pub. L. 101–624, § 2509(b), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: ‘‘There are hereby authorized to be appro- priated such sums as the Congress may annually deter- mine to be necessary to enable the Secretary of Agri- culture to carry out the provisions of this section. Un- less otherwise specifically authorized, or provided for in appropriations, no part of such sums shall be used to pay the cost or value of property injured or destroyed.’’ 1976—Subsecs. (a) to (d). Pub. L. 94–231 redesignated existing provisions of subsec. (a) as subsecs. (a) to (d) and broadened Secretary’s authority to control and eradicate plant pests and animal diseases, extended Secretary’s authority to cooperate with foreign govern- ments, and inserted definitions for ‘‘plant pest’’ and ‘‘living stage’’. Former subsecs. (b) and (c) redesignated (e) and (f), respectively. Subsec. (e). Pub. L. 94–231 redesignated subsec. (b) as (e) and made discretionary the Secretary’s authority to provide phytosanitary inspection and certification service for domestic plants and plant products offered for export or transit in the United States. Subsec. (f). Pub. L. 94–231 redesignated subsec. (c) as (f) and substituted provisions authorizing appropria- tions on a Congressional finding of necessity made ‘‘an- nually’’ for provisions authorizing appropriations on a Congressional finding of necessity made ‘‘from time to time’’. 1957—Subsec. (a). Pub. L. 85–36 inserted ‘‘insect pests, plant diseases, and nematodes, such as imported fire ant, soybean cyst nematode, witchweed, spotted alfalfa aphid,’’ after ‘‘or to prevent or retard the spread of’’. 1949—Subsec. (a). Act June 17, 1949, authorized the Secretary to carry out operations to combat the citrus blackfly, white-fringed beetle, and the Hall scale. § 7760. State terminal inspection; transmission of mailed packages for State inspection; non- mailable matter; punishment for violations; rules and regulations by United States Postal Service When any State shall provide for terminal in- spection of plants and plant products, and shall establish and maintain, at the sole expense of the State, such inspection at one or more places therein, the proper officials of said State may submit to the Secretary of Agriculture a list of plants and plant products and the plant pests transmitted thereby, that in the opinion of said officials should be subject to terminal inspec- tion in order to prevent the introduction or dis- semination in said State of pests injurious to agriculture. Upon his approval of said list, in whole or in part, the Secretary of Agriculture shall transmit the same to the United States Postal Service, and thereafter all packages con- taining any plants or plant products named in said approved lists shall, upon payment of post- age therefor, be forwarded by the postmaster at the destination of said package to the proper State official at the nearest place where inspec- tion is maintained. If the plants or plant prod- ucts (including seed) are found upon inspection to be free from injurious pests and not in viola- tion of a plant-quarantine law or plant-quar- antine regulation of the United States Depart- ment of Agriculture or of the State of destina- tion pertaining to such injurious pests, or if in- fected shall be disinfected by said official, they shall upon payment of postage therefor be re- turned to the postmaster at the place of inspec- tion to be forward 1 to the person to whom they are addressed; but if found to be infected with injurious pests and incapable of satisfactory dis- infection or in violation of a plant-quarantine law or plant-quarantine regulation of the United States Department of Agriculture or of the State of destination pertaining to such injurious pests, the State inspector shall so notify the postmaster at the place of inspection who shall promptly notify the sender of said plants or plant products that they will be returned to him upon his request and at his expense, or in de- fault of such request that they will be turned over to the State authorities for destruction. It shall be unlawful for any person, firm, or corporation to deposit in the United States mails any package containing any plant or plant product addressed to any place within a State maintaining inspection thereof, as herein de- fined, without plainly marking the package so that its contents may be readily ascertained by an inspection of the outside thereof. Whoever shall fail to so mark said packages shall be pun- ished by a fine of not more than $100. The United States Postal Service is authorized and directed to make all needful rules and regu- lations for carrying out the purposes hereof. (Mar. 4, 1915, ch. 144, 38 Stat. 1113; June 4, 1936, ch. 495, 49 Stat. 1461; Pub. L. 91–375, § 4(a), Aug. 12, 1970, 84 Stat. 773.) Editorial Notes CODIFICATION Section was formerly classified to section 166 of this title. Section was enacted as part of the Agricultural Ap- propriation Act, 1916, and not as part of the Plant Pro- tection Act which comprises this chapter. AMENDMENTS 1936—Act June 4, 1936, amended last sentence of first par. by changing introductory word ‘‘plant’’ to ‘‘plants’’, inserting ‘‘(including seed)’’, ‘‘and not in vio- lation of a plant-quarantine law or plant-quarantine regulation of the United States Department of Agri- culture or of the State of destination pertaining to such injurious pests’’, ‘‘or in violation of a plant-quar- antine law or plant-quarantine regulation of the United States Department of Agriculture or of the State of destination pertaining to such injurious pests,’’ and striking out the comma after ‘‘place of inspection’’. Statutory Notes and Related Subsidiaries SHORT TITLE This section is popularly known as the ‘‘Terminal In- spection Act.’’ TRANSFER OF FUNCTIONS In first and third pars., ‘‘United States Postal Serv- ice’’ substituted for ‘‘Postmaster General’’ pursuant to Pub. L. 91–375, § 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post Page 2103 TITLE 7—AGRICULTURE § 7781 Office Department and transferred its functions to United States Postal Service. Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. § 7761. Repealed. Pub. L. 113–79, title X, § 10007(c), Feb. 7, 2014, 128 Stat. 947 Section, Pub. L. 110–234, title X, § 10202, May 22, 2008, 122 Stat. 1342; Pub. L. 110–246, § 4(a), title X, § 10202, June 18, 2008, 122 Stat. 1664, 2104; Pub. L. 112–240, title VII, § 701(g)(2), Jan. 2, 2013, 126 Stat. 2366, related to the Na- tional Clean Plant Network. See section 7721(e) of this title. SUBCHAPTER IV—AUTHORIZATION OF APPROPRIATIONS § 7771. Authorization of appropriations There are authorized to be appropriated such amounts as may be necessary to carry out this chapter. Except as specifically authorized by law, no part of the money appropriated under this section shall be used to pay indemnities for property injured or destroyed by or at the direc- tion of the Secretary. (Pub. L. 106–224, title IV, § 441, June 20, 2000, 114 Stat. 455.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 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. § 7772. Transfer authority (a) Authority to transfer certain funds In connection with an emergency in which a plant pest or noxious weed threatens any seg- ment of the agricultural production of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department of Agriculture such amounts as the Secretary con- siders necessary to be available in the emer- gency for the arrest, control, eradication, and prevention of the spread of the plant pest or noxious weed and for related expenses. (b) Availability Any funds transferred under this section shall remain available for such purposes without fis- cal year limitation. (c) Secretarial discretion The action of any officer, employee, or agent of the Secretary in carrying out this Act, in- cluding determining the amount of and making any payment authorized to be made under this chapter, shall not be subject to a review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary. (Pub. L. 106–224, title IV, § 442, June 20, 2000, 114 Stat. 455; Pub. L. 107–171, title VII, § 7504(b), May 13, 2002, 116 Stat. 466; Pub. L. 110–234, title X, § 10203(b), May 22, 2008, 122 Stat. 1342; Pub. L. 110–246, § 4(a), title X, § 10203(b), June 18, 2008, 122 Stat. 1664, 2104.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 106–224, June 20, 2000, 114 Stat. 358, known as the Agricultural Risk Protection Act of 2000. For complete classification of this Act to the Code, see Short Title of 2000 Amend- ment note set out under section 1501 of this title and Tables. This chapter, referred to in subsec. (c), was in the original ‘‘this title’’, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables. 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. Similar provisions relating to authority to transfer funds for emergency arrest of animal, poultry, or plant diseases or pests were contained in section 129 of Title 21, Food and Drugs, prior to its omission from the Code, and similar provisions relating to authority to transfer funds for emergency arrest of animal or poultry dis- eases were contained in section 129a of Title 21, prior to repeal by Pub. L. 107–171, title X, § 10418(a)(1), May 13, 2002, 116 Stat. 507. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–246, § 10203(b), struck out ‘‘of longer than 60 days’’ after ‘‘review’’. 2002—Subsec. (c). Pub. L. 107–171 added subsec. (c). 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. SUBCHAPTER V—NOXIOUS WEED CONTROL AND ERADICATION § 7781. Definitions In this subchapter: (1) Indian tribe The term ‘‘Indian Tribe’’ has the meaning given that term in section 5304 of title 25.