7 U.S.C. § 256 — Authorization of appropriations

Page 362 TITLE 7—AGRICULTURE § 254 (1) that have been licensed under this chap- ter or that have been approved to engage in an activity under this chapter; and (2) with respect to which a license or ap- proval has been suspended or revoked under section 252 of this title, the results of any in- vestigation made or hearing conducted under this chapter, including the reasons for the sus- pension or revocation. (b) Confidentiality Except as otherwise provided by law, an offi- cer, employee, or agent of the Department shall not divulge confidential business information obtained during a warehouse examination or other function performed as part of the duties of the officer, employee, or agent under this chap- ter. (Aug. 11, 1916, ch. 313, pt. C, § 14, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2068.) Editorial Notes PRIOR PROVISIONS A prior section 253, acts Aug. 11, 1916, ch. 313, pt. C, § 12, 39 Stat. 487; Feb. 23, 1923, ch. 106, 42 Stat. 1283; Mar. 2, 1931, ch. 366, § 7, 46 Stat. 1464, related to suspension and revocation of license to classify, grade, or weigh, prior to the general amendment of this chapter by Pub. L. 106–472. See section 252 of this title. A prior section 14 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 255 of this title, prior to the general amendment of this chapter by Pub. L. 106–472. § 254. Penalties for noncompliance If a person fails to comply with any require- ment of this chapter (including regulations pro- mulgated under this chapter), the Secretary may assess, on the record after an opportunity for a hearing, a civil penalty— (1) of not more than $25,000 per violation, if an agricultural product is not involved in the violation; or (2) of not more than 100 percent of the value of the agricultural product, if an agricultural product is involved in the violation. (Aug. 11, 1916, ch. 313, pt. C, § 15, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2068.) Editorial Notes PRIOR PROVISIONS A prior section 254, act Aug. 11, 1916, ch. 313, pt. C, § 13, 39 Stat. 488, prohibited discrimination by ware- housemen, prior to the general amendment of this chapter by Pub. L. 106–472. See section 247 of this title. A prior section 15 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 256 of this title, prior to the general amendment of this chapter by Pub. L. 106–472. § 255. Jurisdiction and arbitration (a) Federal jurisdiction A district court of the United States shall have exclusive jurisdiction over any action brought under this chapter without regard to the amount in controversy or the citizenship of the parties. (b) Arbitration Nothing in this chapter prevents the enforce- ability of an agreement to arbitrate that would otherwise be enforceable under chapter 1 of title 9. (Aug. 11, 1916, ch. 313, pt. C, § 16, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2068.) Editorial Notes PRIOR PROVISIONS A prior section 255, act Aug. 11, 1916, ch. 313, pt. C, § 14, 39 Stat. 488, deemed deposit of products in a li- censed warehouse as deposit subject to this chapter, prior to the general amendment of this chapter by Pub. L. 106–472. A prior section 16 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 258 of this title, prior to the general amendment of this chapter by Pub. L. 106–472. § 256. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this chapter. (Aug. 11, 1916, ch. 313, pt. C, § 17, as added Pub. L. 106–472, title II, § 201, Nov. 9, 2000, 114 Stat. 2068.) Editorial Notes PRIOR PROVISIONS A prior section 256, acts Aug. 11, 1916, ch. 313, pt. C, § 15, 39 Stat. 488; Feb. 23, 1923, ch. 106, 42 Stat. 1283, re- lated to inspection and grading of products stored, prior to the general amendment of this chapter by Pub. L. 106–472. A prior section 17 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 259 of this title, prior to the general amendment of this chapter by Pub. L. 106–472. Prior sections 257 to 273 were omitted in the general amendment of this chapter by Pub. L. 106–472. Section 257, acts Aug. 11, 1916, ch. 313, pt. C, § 19, 39 Stat. 489; Feb. 23, 1923, ch. 106, 42 Stat. 1284, authorized Secretary to promulgate standards for agricultural products. See section 244 of this title. Section 258, act Aug. 11, 1916, ch. 313, pt. C, § 16, 39 Stat. 488, related to mingling of stored products. See section 248 of this title. Section 259, acts Aug. 11, 1916, ch. 313, pt. C, § 17, 39 Stat. 488; Pub. L. 99–260, § 14, Mar. 20, 1986, 100 Stat. 54; Pub. L. 101–624, title V, § 508(a), Nov. 28, 1990, 104 Stat. 3441; Pub. L. 102–237, title X, § 1009, Dec. 13, 1991, 105 Stat. 1898; Pub. L. 102–553, § 1, Oct. 28, 1992, 106 Stat. 4140, required issuance of receipts for products stored and set forth provisions relating to central filing sys- tem and transfer of stored products. See sections 249 and 250 of this title. Section 260, acts Aug. 11, 1916, ch. 313, pt. C, § 18, 39 Stat. 488; July 24, 1919, ch. 26, 41 Stat. 266; Feb. 23, 1923, ch. 106, 42 Stat. 1284, related to contents of receipts. See section 250 of this title. Section 261, act Aug. 11, 1916, ch. 313, pt. C, § 20, 39 Stat. 489, related to issuance of further receipt with original outstanding. See section 250 of this title. Section 262, act Aug. 11, 1916, ch. 313, pt. C, § 21, 39 Stat. 489, required delivery on demand of products stored and set forth conditions to delivery. See section 251 of this title. Section 263, act Aug. 11, 1916, ch. 313, pt. C, § 22, 39 Stat. 490, related to cancellation of receipt upon deliv- ery of product stored. See section 251 of this title. Section 264, act Aug. 11, 1916, ch. 313, pt. C, § 23, 39 Stat. 490, related to recording and reporting require- ments and directed compliance with this chapter and regulations. See section 246 of this title. Section 265, act Aug. 11, 1916, ch. 313, pt. C, § 24, 39 Stat. 490, authorized Secretary to examine stored prod- ucts and publish findings. See sections 242 and 253 of this title. Section 266, act Aug. 11, 1916, ch. 313, pt. C, § 26, 39 Stat. 490, authorized publication of investigation re- sults, list of terminated licenses, and names and loca- tions of bonded warehouses. See section 253 of this title. Page 363 TITLE 7—AGRICULTURE § 282 Section 267, act Aug. 11, 1916, ch. 313, pt. C, § 27, 39 Stat. 490, authorized examination of books and records of warehousemen. See section 242 of this title. Section 268, act Aug. 11, 1916, ch. 313, pt. C, § 28, 39 Stat. 490, authorized rules and regulations. Section 269, acts Aug. 11, 1916, ch. 313, pt. C, § 29, 39 Stat. 490; Feb. 23, 1923, ch. 106, 42 Stat. 1285; Mar. 2, 1931, ch. 366, § 9, 46 Stat. 1465, related to cooperation with States, exclusivity of Secretary’s authority, and pre- emption of laws. See section 242 of this title. Section 270, acts Aug. 11, 1916, ch. 313, pt. C, § 30, 39 Stat. 490; Feb. 23, 1923, ch. 106, 42 Stat. 1285; Mar. 2, 1931, ch. 366, § 10, 46 Stat. 1465; Pub. L. 101–624, title V, § 508(b), Nov. 28, 1990, 104 Stat. 3443, set forth punish- ment for violations of this chapter. See section 254 of this title. Section 271, acts Aug. 11, 1916, ch. 313, pt. C, § 31, 39 Stat. 491; Pub. L. 97–35, title I, § 158(a)(2), Aug. 13, 1981, 95 Stat. 376, authorized appropriations and employment of temporary personnel. See section 256 of this title. Section 272, act Aug. 11, 1916, ch. 313, pt. C, § 32, 39 Stat. 491, related to separability of provisions. Section 273, act Aug. 11, 1916, ch. 313, pt. C, § 33, 39 Stat. 491, reserved right to amend, alter, or repeal this chapter. CHAPTER 11—HONEYBEES Sec. 281. Honeybee importation. 282. Punishment for unlawful importation. 283. Propagation of stock and release of germ plasm. 284. Eradication and control of undesirable spe- cies and subspecies. 285. Uses of funds. 286. Authorization of appropriations. § 281. Honeybee importation (a) In general The Secretary of Agriculture is authorized to prohibit or restrict the importation or entry of honeybees and honeybee semen into or through the United States in order to prevent the intro- duction and spread of diseases and parasites harmful to honeybees, the introduction of ge- netically undesirable germ plasm of honeybees, or the introduction and spread of undesirable species or subspecies of honeybees and the semen of honeybees. (b) Regulations The Secretary of Agriculture and the Sec- retary of the Treasury are each authorized to prescribe such regulations as the respective Sec- retary determines necessary to carry out this section. (c) Enforcement Honeybees or honeybee semen offered for im- portation into, intercepted entering, or having entered the United States, other than in accord- ance with regulations promulgated by the Sec- retary of Agriculture and the Secretary of the Treasury, shall be destroyed or immediately ex- ported. (d) ‘‘Honeybee’’ defined As used in this chapter, the term ‘‘honeybee’’ means all life stages and the germ plasm of hon- eybees of the genus Apis, except honeybee semen. (Aug. 31, 1922, ch. 301, § 1, 42 Stat. 833; Pub. L. 87–539, § 1, July 19, 1962, 76 Stat. 169; Pub. L. 94–319, § 1, June 25, 1976, 90 Stat. 709; Pub. L. 103–182, title III, § 361(d)(2), Dec. 8, 1993, 107 Stat. 2123; Pub. L. 103–465, title IV, § 431(e), Dec. 8, 1994, 108 Stat. 4968.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–465 amended section generally, sub- stituting present provisions for former subsecs. (a) to (e) restricting importation of honeybees and honeybee semen into United States, providing for promulgation of rules and regulations as to such importation, pro- viding for destruction or immediate exportation of non- excepted honeybees or honeybee semen offered for im- port or intercepted, and defining ‘‘honeybee’’. 1993—Subsec. (a)(3). Pub. L. 103–182, § 361(d)(2)(A), added par. (3). Subsec. (b). Pub. L. 103–182, § 361(d)(2)(B), inserted ‘‘(1)’’ after ‘‘only from’’ and added cl. (2). 1976—Pub. L. 94–319 incorporated existing provisions, which related only to honeybees, into subsecs. (a) to (e) relating to honeybees and honeybee semen, making honeybee provisions applicable to all life stages and the germ plasm of honeybees instead of only to honeybees in the adult stage, restating purpose of prohibiting im- portation of honeybees and restating conditions to be determined by Secretary of Agriculture with respect to countries from which honeybees may be imported. 1962—Pub. L. 87–539 enlarged prohibition against im- portation of honeybees to include the honeybee of the genus Apis instead of only the honeybee Apis mellifica and restricted permission to import the honeybee to countries which take adequate precautions to prevent importation of honeybees from countries where dan- gerous diseases exist. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Cus- toms Duties. SHORT TITLE Act Aug. 31, 1922, as amended, which is classified to this chapter, is popularly known as the ‘‘Honeybee 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 section 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. § 282. Punishment for unlawful importation Any person who violates any provision of sec- tion 281 of this title or any regulation issued under it is guilty of an offense against the United States and shall, upon conviction, be fined not more than $1,000, or imprisoned for not more than one year, or both. (Aug. 31, 1922, ch. 301, § 2, 42 Stat. 834; Pub. L. 94–319, § 2, June 25, 1976, 90 Stat. 709.) Editorial Notes AMENDMENTS 1976—Pub. L. 94–319 inserted reference to regulations, substituted characterization of violation as offense