7 U.S.C. § 7711 — Regulation of movement of plant pests

Page 2085 TITLE 7—AGRICULTURE § 7711 (A) between a place in a State and a point in another State, or between points within the same State but through any place out- side that State; or (B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. (8) 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. (9) Move and related terms The terms ‘‘move’’, ‘‘moving’’, and ‘‘move- ment’’ mean— (A) to carry, enter, import, mail, ship, or transport; (B) to aid, abet, cause, or induce the car- rying, entering, importing, mailing, ship- ping, or transporting; (C) to offer to carry, enter, import, mail, ship, or transport; (D) to receive to carry, enter, import, mail, ship, or transport; (E) to release into the environment; or (F) to allow any of the activities described in a preceding subparagraph. (10) Noxious weed The term ‘‘noxious weed’’ means any plant or plant product that can directly or indi- rectly injure or cause damage to crops (includ- ing nursery stock or plant products), live- stock, poultry, or other interests of agri- culture, irrigation, navigation, the natural re- sources of the United States, the public health, or the environment. (11) Permit The term ‘‘permit’’ means a written or oral authorization, including by electronic meth- ods, by the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under condi- tions prescribed by the Secretary. (12) Person The term ‘‘person’’ means any individual, partnership, corporation, association, joint venture, or other legal entity. (13) Plant The term ‘‘plant’’ means any plant (includ- ing any plant part) for or capable of propaga- tion, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cut- ting, a graft, a scion, a bud, a bulb, a root, and a seed. (14) Plant pest The term ‘‘plant pest’’ means any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product: (A) A protozoan. (B) A nonhuman animal. (C) A parasitic plant. (D) A bacterium. (E) A fungus. (F) A virus or viroid. (G) An infectious agent or other pathogen. (H) Any article similar to or allied with any of the articles specified in the preceding subparagraphs. (15) Plant product The term ‘‘plant product’’ means— (A) any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant; or (B) any manufactured or processed plant or plant part. (16) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (17) State The term ‘‘State’’ means any of the several States of the United States, the Common- wealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or pos- session of the United States. (18) Systems approach For the purposes of section 7712(e) of this title, the term ‘‘systems approach’’ means a defined set of phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the movement of commodities. (19) 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. (20) United States The term ‘‘United States’’ means all of the States. (Pub. L. 106–224, title IV, § 403, June 20, 2000, 114 Stat. 438.) 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. SUBCHAPTER I—PLANT PROTECTION § 7711. Regulation of movement of plant pests (a) Prohibition of unauthorized movement of plant pests Except as provided in subsection (c), no person shall import, enter, export, or move in inter- state commerce any plant pest, unless the im- portation, entry, exportation, or movement is authorized under general or specific permit and is in accordance with such regulations as the Secretary may issue to prevent the introduction of plant pests into the United States or the dis- semination of plant pests within the United States. (b) Requirements for processes The Secretary shall ensure that the processes used in developing regulations under subsection Page 2086 TITLE 7—AGRICULTURE § 7712 (a) governing consideration of import requests are based on sound science and are transparent and accessible. (c) Authorization of movement of plant pests by regulation (1) Exception to permit requirement The Secretary may issue regulations to allow the importation, entry, exportation, or movement in interstate commerce of specified plant pests without further restriction if the Secretary finds that a permit under subsection (a) is not necessary. (2) Petition to add or remove plant pests from regulation Any person may petition the Secretary to add a plant pest to, or remove a plant pest from, the regulations issued by the Secretary under paragraph (1). (3) Response to petition by the Secretary In the case of a petition submitted under paragraph (2), the Secretary shall act on the petition within a reasonable time and notify the petitioner of the final action the Secretary takes on the petition. The Secretary’s deter- mination on the petition shall be based on sound science. (d) Prohibition of unauthorized mailing of plant pests (1) In general Any letter, parcel, box, or other package containing any plant pest, whether sealed as letter-rate postal matter or not, is non- mailable and shall not knowingly be conveyed in the mail or delivered from any post office or by any mail carrier, unless the letter, parcel, box, or other package is mailed in compliance with such regulations as the Secretary may issue to prevent the dissemination of plant pests into the United States or interstate. (2) Application of postal laws and regulations Nothing in this subsection authorizes any person to open any mailed letter or other mailed sealed matter except in accordance with the postal laws and regulations. (e) Regulations Regulations issued by the Secretary to imple- ment subsections (a), (c), and (d) may include provisions requiring that any plant pest im- ported, entered, to be exported, moved in inter- state commerce, mailed, or delivered from any post office— (1) be accompanied by a permit issued by the Secretary prior to the importation, entry, ex- portation, movement in interstate commerce, mailing, or delivery of the plant pest; (2) be accompanied by a certificate of inspec- tion issued (in a manner and form required by the Secretary) by appropriate officials of the country or State from which the plant pest is to be moved; (3) be raised under post-entry quarantine conditions by or under the supervision of the Secretary for the purposes of determining whether the plant pest— (A) may be infested with other plant pests; (B) may pose a significant risk of causing injury to, damage to, or disease in any plant or plant product; or (C) may be a noxious weed; and (4) be subject to remedial measures the Sec- retary determines to be necessary to prevent the spread of plant pests. (Pub. L. 106–224, title IV, § 411, June 20, 2000, 114 Stat. 440.) 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. § 7712. Regulation of movement of plants, plant products, biological control organisms, nox- ious weeds, articles, and means of convey- ance (a) In general The Secretary may prohibit or restrict the im- portation, entry, exportation, or movement in interstate commerce of any plant, plant prod- uct, biological control organism, noxious weed, article, or means of conveyance, if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into the United States or the dissemination of a plant pest or noxious weed within the United States. (b) Policy The Secretary shall ensure that processes used in developing regulations under this section gov- erning consideration of import requests are based on sound science and are transparent and accessible. (c) Regulations The Secretary may issue regulations to imple- ment subsection (a), including regulations re- quiring that any plant, plant product, biological control organism, noxious weed, article, or means of conveyance imported, entered, to be exported, or moved in interstate commerce— (1) be accompanied by a permit issued by the Secretary prior to the importation, entry, ex- portation, or movement in interstate com- merce; (2) be accompanied by a certificate of inspec- tion issued (in a manner and form required by the Secretary) by appropriate officials of the country or State from which the plant, plant product, biological control organism, noxious weed, article, or means of conveyance is to be moved; (3) be subject to remedial measures the Sec- retary determines to be necessary to prevent the spread of plant pests or noxious weeds; and (4) with respect to plants or biological con- trol organisms, be grown or handled under post-entry quarantine conditions by or under the supervision of the Secretary for the pur- poses of determining whether the plant or bio- logical control organism may be infested with plant pests or may be a plant pest or noxious weed. (d) Notice Not later than 1 year after June 20, 2000, the Secretary shall publish for public comment a