7 U.S.C. § 8302 — Definitions

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 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