7 U.S.C. § 282 — Punishment for unlawful importation

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 Page 364 TITLE 7—AGRICULTURE § 283 against the United States for characterization as a mis- demeanor, increased maximum fine to $1,000 from $500 and struck out provision relating to discretion of the court. § 283. Propagation of stock and release of germ plasm The Secretary of Agriculture may propagate bee-breeding stock and may release bee germ plasm to the public. (Sept. 21, 1944, ch. 412, title I, § 103, 58 Stat. 735; Oct. 31, 1951, ch. 654, § 3(1), 65 Stat. 708; Pub. L. 97–98, title XI, § 1120, Dec. 22, 1981, 95 Stat. 1273.) Editorial Notes CODIFICATION This section was not enacted as part of act Aug. 31, 1922, which comprises this chapter. Provisions similar to this section were contained in the following prior Department of Agriculture Appro- priation Acts: June 28, 1944, ch. 296, 58 Stat. 439. July 12, 1943, ch. 215, 57 Stat. 407. AMENDMENTS 1981—Pub. L. 97–98 inserted ‘‘and may release bee germ plasm to the public’’. 1951—Act Oct. 31, 1951, struck out provisions relating to sale of surplus bee-breeding stock, and the fixing of rates and disposition of proceeds in connection there- with. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–98 effective on Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of this title. § 284. Eradication and control of undesirable spe- cies and subspecies (a) Operations in United States The Secretary of Agriculture either independ- ently or in cooperation with States or political subdivisions thereof, farmers’ associations, and similar organizations and individuals, is author- ized to carry out operations or measures in the United States to eradicate, suppress, control, and to prevent or retard the spread of undesir- able species and subspecies of honeybees. (b) Cooperation with certain foreign govern- ments; measure and character; consultation with Secretary of State The Secretary of Agriculture is authorized to cooperate with the Governments of Canada, Mexico, Guatemala, Belize, Honduras, El Sal- vador, Nicaragua, Costa Rica, Panama, and Co- lombia, or the local authorities thereof, in car- rying out necessary research, surveys, and con- trol operations in those countries in connection with the eradication, suppression, control, and prevention or retardation of the spread of unde- sirable species and subspecies of honeybees, in- cluding but not limited to Apis mellifera adansonii, commonly known as the African or Brazilian honeybee. The measure and character of cooperation carried out under this subsection on the part of such countries, including the ex- penditure or use of funds appropriated pursuant to this chapter, shall be such as may be pre- scribed by the Secretary of Agriculture. Ar- rangements for the cooperation authorized by this subsection shall be made through and in consultation with the Secretary of State. (c) Responsibility for authority to carry out oper- ations In performing the operations or measures au- thorized in this chapter, the cooperating foreign country, State, or local agency shall be respon- sible for the authority to carry out such oper- ations or measures on all lands and properties within the foreign country or State, other than those owned or controlled by the Federal Gov- ernment of the United States, and for such other facilities and means as in the discretion of the Secretary of Agriculture are necessary. (Aug. 31, 1922, ch. 301, § 3, as added Pub. L. 94–319, § 3, June 25, 1976, 90 Stat. 709.) Statutory Notes and Related Subsidiaries INDEMNIFICATION FOR BEEKEEPERS Pub. L. 91–524, title VIII, § 804, Nov. 30, 1970, 84 Stat. 1382, as amended by Pub. L. 93–86, § 1(27)(A), Aug. 10, 1973, 87 Stat. 237; Pub. L. 95–113, title II, § 207, Sept. 29, 1977, 91 Stat. 921, authorized the Secretary of Agri- culture to make indemnity payments, based on net loss, to beekeepers who through no fault of their own lost honey bees after Jan. 1, 1967, as a result of utiliza- tion of economic poisons, registered and approved for use by the Federal Government, near or adjacent to the beehives, with this section expired after Sept. 30, 1981. § 285. Uses of funds Funds appropriated to carry out the provisions of this chapter may also be used for printing and binding without regard to section 501 of title 44 for employment, by contract or otherwise, of ci- vilian nationals of Canada, Mexico, Guatemala, Belize, Honduras, El Salvador, Nicaragua, Costa Rica, Panama, and Colombia for services abroad, and for the construction and operation of re- search laboratories, quarantine stations, and other buildings and facilities. (Aug. 31, 1922, ch. 301, § 4, as added Pub. L. 94–319, § 3, June 25, 1976, 90 Stat. 710.) § 286. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary to carry out the provisions of this chapter. (Aug. 31, 1922, ch. 301, § 5, as added Pub. L. 94–319, § 3, June 25, 1976, 90 Stat. 710.) CHAPTER 12—ASSOCIATIONS OF AGRICULTURAL PRODUCTS PRODUCERS Sec. 291. Authorization of associations; powers. 292. Monopolizing or restraining trade and unduly enhancing prices prohibited; remedy and procedure. § 291. Authorization of associations; powers Persons engaged in the production of agricul- tural products as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively proc- essing, preparing for market, handling, and mar-