7 U.S.C. § 7713 — Notification and holding requirements

Page 2088 TITLE 7—AGRICULTURE § 7713 (2) interdiction and control of pests and dis- eases, including for the evaluation of pest and disease concerns of foreign agricultural com- modities for which importation is sought. (b) Report The Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agri- culture, Nutrition, and Forestry of the Senate an annual report specifying, for the year covered by the report— (1) the total number of applications proc- essed to completion; (2) the number of backlog applications proc- essed to completion; (3) the percentage of backlog applications processed to completion; and (4) the number of backlog applications re- maining. (Pub. L. 108–465, title II, § 202, Dec. 21, 2004, 118 Stat. 3884.) Editorial Notes CODIFICATION Section was enacted as part of the Specialty Crops Competitiveness Act of 2004, and not as part of the Plant Protection Act which comprises this chapter. § 7713. Notification and holding requirements upon arrival (a) Duty of Secretary of the Treasury (1) Notification The Secretary of the Treasury shall prompt- ly notify the Secretary of Agriculture of the arrival of any plant, plant product, biological control organism, plant pest, or noxious weed at a port of entry. (2) Holding The Secretary of the Treasury shall hold a plant, plant product, biological control orga- nism, plant pest, or noxious weed for which notification is made under paragraph (1) at the port of entry until the plant, plant product, bi- ological control organism, plant pest, or nox- ious weed— (A) is inspected and authorized for entry into or transit movement through the United States; or (B) is otherwise released by the Secretary of Agriculture. (3) Exceptions Paragraphs (1) and (2) shall not apply to any plant, plant product, biological control orga- nism, plant pest, or noxious weed that is im- ported from a country or region of a country designated by the Secretary of Agriculture, pursuant to regulations, as exempt from the requirements of such paragraphs. (b) Duty of responsible parties (1) Notification The person responsible for any plant, plant product, biological control organism, plant pest, noxious weed, article, or means of con- veyance required to have a permit under sec- tion 7711 or 7712 of this title shall provide the notification described in paragraph (3) as soon as possible after the arrival of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of con- veyance at a port of entry and before the plant, plant product, biological control orga- nism, plant pest, noxious weed, article, or means of conveyance is moved from the port of entry. (2) Submission The notification shall be provided to the Secretary, or, at the Secretary’s direction, to the proper official of the State to which the plant, plant product, biological control orga- nism, plant pest, noxious weed, article, or means of conveyance is destined, or both, as the Secretary may prescribe. (3) Elements of notification The notification shall consist of the fol- lowing: (A) The name and address of the consignee. (B) The nature and quantity of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance proposed to be moved. (C) The country and locality where the plant, plant product, biological control orga- nism, plant pest, noxious weed, article, or means of conveyance was grown, produced, or located. (c) Prohibition on movement of items without authorization No person shall move from a port of entry or interstate any imported plant, plant product, bi- ological control organism, plant pest, noxious weed, article, or means of conveyance unless the imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance— (1) is inspected and authorized for entry into or transit movement through the United States; or (2) is otherwise released by the Secretary. (Pub. L. 106–224, title IV, § 413, June 20, 2000, 114 Stat. 443.) 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. § 7714. General remedial measures for new plant pests and noxious weeds (a) Authority to hold, treat, or destroy items If the Secretary considers it necessary in order to prevent the dissemination of a plant pest or noxious weed that is new to or not known to be widely prevalent or distributed within and throughout the United States, the Secretary may hold, seize, quarantine, treat, apply other remedial measures to, destroy, or otherwise dispose of any plant, plant pest, nox- ious weed, biological control organism, plant product, article, or means of conveyance that—