7 U.S.C. § 7702 — Definitions

Page 2084 TITLE 7—AGRICULTURE § 7702 new to or not known to be widely prevalent in or distributed within and throughout the United States could constitute a threat to crops and other plants or plant products of the United States and burden interstate commerce or foreign commerce; and (9) all plant pests, noxious weeds, plants, plant products, articles capable of harboring plant pests or noxious weeds regulated under this chapter are in or affect interstate com- merce or foreign commerce. (Pub. L. 106–224, title IV, § 402, June 20, 2000, 114 Stat. 438.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in pars. (4) and (9), 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 below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 106–224, title IV, § 401, June 20, 2000, 114 Stat. 438, provided that: ‘‘This title [enacting this chapter, amending section 7759 of this title and section 129a of Title 21, Food and Drugs, and repealing sections 148, 148a, 148c to 148f, 149, 150, 150a to 150g, 150aa to 150jj, 151 to 154, 156 to 164, 164a, 167, 1651 to 1656, and 2801 to 2813 of this title, and provisions set out as notes under sec- tions 147a, 150, 150aa, 151, and 1651 of this title] may be cited as the ‘Plant Protection Act’.’’ Pub. L. 106–224, title IV, § 451, as added by Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2320, provided that: ‘‘This subtitle [subtitle E (§§ 451–457) of title IV of Pub. L. 106–224, enacting subchapter V of this chapter] may be cited as the ‘Noxious Weed Control and Eradication Act of 2004’.’’ 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. REGULATIONS TO IMPROVE MANAGEMENT AND OVERSIGHT OF CERTAIN REGULATED ARTICLES Pub. L. 110–234, title X, § 10204, May 22, 2008, 122 Stat. 1343, and Pub. L. 110–246, § 4(a), title X, § 10204, June 18, 2008, 122 Stat. 1664, 2105, provided that: ‘‘(a) IN GENERAL.—Not later than 18 months after the date of enactment of this Act [June 18, 2008], the Sec- retary [of Agriculture] shall— ‘‘(1) take action on each issue identified in the doc- ument entitled ‘Lessons Learned and Revisions under Consideration for APHIS’ Biotechnology Frame- work’, dated October 4, 2007; and ‘‘(2) as the Secretary considers appropriate, promul- gate regulations to improve the management and oversight of articles regulated under the Plant Pro- tection Act (7 U.S.C. 7701 et seq.). ‘‘(b) INCLUSIONS.—In carrying out subsection (a), the Secretary shall take actions that are designed to en- hance— ‘‘(1) the quality and completeness of records; ‘‘(2) the availability of representative samples; ‘‘(3) the maintenance of identity and control in the event of an unauthorized release; ‘‘(4) corrective actions in the event of an unauthor- ized release; ‘‘(5) protocols for conducting molecular forensics; ‘‘(6) clarity in contractual agreements; ‘‘(7) the use of the latest scientific techniques for isolation and confinement distances; ‘‘(8) standards for quality management systems and effective research; and ‘‘(9) the design of electronic permits to store docu- ments and other information relating to the permit and notification processes. ‘‘(c) CONSIDERATION.—In carrying out subsection (a), the Secretary shall consider— ‘‘(1) establishing— ‘‘(A) a system of risk-based categories to classify each regulated article; ‘‘(B) a means to identify regulated articles (in- cluding the retention of seed samples); and ‘‘(C) standards for isolation and containment dis- tances; and ‘‘(2) requiring permit holders— ‘‘(A) to maintain a positive chain of custody; ‘‘(B) to provide for the maintenance of records; ‘‘(C) to provide for the accounting of material; ‘‘(D) to conduct periodic audits; ‘‘(E) to establish an appropriate training pro- gram; ‘‘(F) to provide contingency and corrective action plans; and ‘‘(G) to submit reports as the Secretary considers to be appropriate.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] § 7702. Definitions In this chapter: (1) Article The term ‘‘article’’ means any material or tangible object that could harbor plant pests or noxious weeds. (2) Biological control organism The term ‘‘biological control organism’’ means any enemy, antagonist, or competitor used to control a plant pest or noxious weed. (3) Enter and entry The terms ‘‘enter’’ and ‘‘entry’’ mean to move into, or the act of movement into, the commerce of the United States. (4) Export and exportation The terms ‘‘export’’ and ‘‘exportation’’ mean to move from, or the act of movement from, the United States to any place outside the United States. (5) Import and importation The terms ‘‘import’’ and ‘‘importation’’ mean to move into, or the act of movement into, the territorial limits of the United States. (6) Interstate The term ‘‘interstate’’ means— (A) from one State into or through any other 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. (7) Interstate commerce The term ‘‘interstate commerce’’ means trade, traffic, or other commerce— 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