7 U.S.C. § 151 — Untitled legal text

Page 319 TITLE 7—AGRICULTURE §§ 151 to 154 717, related to control of incipient or emergency out- breaks of insect pests and plant diseases. Section 148a, act Apr. 6, 1937, ch. 69, § 2, as added May 9, 1938, ch. 192, 52 Stat. 344, related to availability of ap- propriated money for personnel, general administra- tion, material and equipment, and other necessary ex- penses. § 148b. Repealed. Oct. 10, 1940, ch. 851, § 4, 54 Stat. 1111 Section, act Apr. 6, 1937, ch. 69, § 3, as added May 9, 1938, ch. 192, 52 Stat. 344, related to procurement of ma- terials and equipment for the control of insect pests and plant diseases. § 148c to 148e. Repealed. Pub. L. 106-224, title IV, § 438(a)(6), June 20, 2000, 114 Stat. 454 Section 148c, act Apr. 6, 1937, ch. 69, § 4, as added May 9, 1938, ch. 192, 52 Stat. 344, related to cooperation of States in control of insect pests and plant diseases. Section 148d, act Apr. 6, 1937, ch. 69, § 5, as added May 9, 1938, ch. 192, 52 Stat. 344, prohibited use of appropria- tions to pay cost or value of injured or destroyed ani- mals, crops, or other property. Section 148e, act Apr. 6, 1937, ch. 69, § 6, as added May 9, 1938, ch. 192, 52 Stat. 344, authorized appropriations to carry out provisions of sections 148 to 148e of this title. § 148f. Repealed. Pub. L. 106–224, title IV, § 438(a)(9), June 20, 2000, 114 Stat. 454 Section, Pub. L. 99–198, title XVII, § 1773, Dec. 23, 1985, 99 Stat. 1658, related to control of grasshoppers and Mormon Crickets on Federal lands. See section 7717 of this title. § 149. Repealed. Pub. L. 106–224, title IV, § 438(a)(5), June 20, 2000, 114 Stat. 454 Section, acts Jan. 31, 1942, ch. 31, 56 Stat. 40; Pub. L. 85–36, title I, § 110, May 23, 1957, 71 Stat. 34; Pub. L. 97–461, § 3, Jan. 12, 1983, 96 Stat. 2524; Pub. L. 103–465, title IV, § 431(b), Dec. 8, 1994, 108 Stat. 4967, related to inspection, cleaning, and disinfection of vehicles and materials entering into the United States from Mexico. CHAPTER 7A—GOLDEN NEMATODE §§ 150 to 150g. Repealed. Pub. L. 106–224, title IV, § 438(a)(8), June 20, 2000, 114 Stat. 454 Section 150, act June 15, 1948, ch. 471, § 1, 62 Stat. 442, set forth governmental policy for protection of pota- toes and tomatoes from golden nematode. Section 150a, act June 15, 1948, ch. 471, § 2, 62 Stat. 443, authorized Secretary of Agriculture to carry out oper- ations to eradicate, suppress, control, or prevent spread of golden nematode. Section 150b, act June 15, 1948, ch. 471, § 3, 62 Stat. 443, related to inspections, quarantines, restrictions on planting, crop destruction, and compensation of grow- ers. Section 150c, act June 15, 1948, ch. 471, § 4, 62 Stat. 443, made expenditure of funds discretionary with Sec- retary. Section 150d, act June 15, 1948, ch. 471, § 5, 62 Stat. 443, made State legislative action prerequisite to restric- tions on or destruction of crops. Section 150e, act June 15, 1948, ch. 471, § 6, 62 Stat. 443, related to determination of amount of compensation paid to growers. Section 150f, act June 15, 1948, ch. 471, § 7, 62 Stat. 443, authorized expenditures, including employment of per- sonnel, printing and binding, and purchase of vehicles. Section 150g, act June 15, 1948, ch. 471, § 8, 62 Stat. 443, directed that chapter be construed to supplement exist- ing legislation. Statutory Notes and Related Subsidiaries SHORT TITLE Act June 15, 1948, ch. 471, § 9, 62 Stat. 443, provided that act June 15, 1948, enacting this chapter, could be cited as the ‘‘Golden Nematode Act’’, prior to repeal by Pub. L. 106–224, title IV, § 438(a)(8), June 20, 2000, 114 Stat. 454. CHAPTER 7B—PLANT PESTS §§ 150aa to 150jj. Repealed. Pub. L. 106–224, title IV, § 438(a)(2), June 20, 2000, 114 Stat. 454 Section 150aa, Pub. L. 85–36, title I, § 102, May 23, 1957, 71 Stat. 31, defined terms as used in this chapter. Section 150bb, Pub. L. 85–36, title I, § 103, May 23, 1957, 71 Stat. 32; Pub. L. 97–461, § 1(a), Jan. 12, 1983, 96 Stat. 2523; Pub. L. 100–449, title III, § 301(f)(1), Sept. 28, 1988, 102 Stat. 1868; Pub. L. 103–465, title IV, § 431(c)(1), Dec. 8, 1994, 108 Stat. 4967, prohibited movement of plant pests into or through the United States or interstate. Section 150cc, Pub. L. 85–36, title I, § 104, May 23, 1957, 71 Stat. 32; Pub. L. 100–449, title III, § 301(f)(2), Sept. 28, 1988, 102 Stat. 1869; Pub. L. 103–465, title IV, § 431(c)(2), Dec. 8, 1994, 108 Stat. 4967, prohibited mailing of plant pests. Section 150dd, Pub. L. 85–36, title I, § 105, May 23, 1957, 71 Stat. 32; Pub. L. 97–98, title XI, § 1119(1), Dec. 22, 1981, 95 Stat. 1272, authorized emergency measures to pre- vent dissemination of plant pests. Section 150ee, Pub. L. 85–36, title I, § 106, May 23, 1957, 71 Stat. 33, authorized promulgation of regulations re- quiring inspection of products and articles. Section 150ff, Pub. L. 85–36, title I, § 107, May 23, 1957, 71 Stat. 34; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 97–98, title XI, § 1119(2), Dec. 22, 1981, 95 Stat. 1273; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117, authorized warrantless stops and inspections and entries with warrants for inspections and seizures. Section 150gg, Pub. L. 85–36, title I, § 108, May 23, 1957, 71 Stat. 34; Pub. L. 97–461, § 1(b), Jan. 12, 1983, 96 Stat. 2523, set forth criminal and civil penalties. Section 150hh, Pub. L. 85–36, title I, § 109, May 23, 1957, 71 Stat. 34, related to separability of provisions. Section 150ii, Pub. L. 85–36, title I, § 111, May 23, 1957, 71 Stat. 34, provided that authority conferred by this chapter was to be in addition to that conferred by other statutes. Section 150jj, Pub. L. 85–36, title I, § 111, May 23, 1957, 71 Stat. 35, provided that nothing in this chapter was to amend or repeal provisions of the Plant Quarantine Act. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 85–36, title I, § 101, May 23, 1957, 71 Stat. 31, provided that title I of Pub. L. 85–36, which enacted this chapter and provisions set out as a note under section 147a of this title, amended section 149 of this title, and repealed sections 141 to 144 and 441 of this title, could be cited as the ‘‘Federal Plant Pest Act’’, prior to re- peal by Pub. L. 106–224, title IV, § 438(a)(2), June 20, 2000, 114 Stat. 454. CHAPTER 8—NURSERY STOCK AND OTHER PLANTS AND PLANT PRODUCTS §§ 151 to 154. Repealed. Pub. L. 106–224, title IV, § 438(a)(1), June 20, 2000, 114 Stat. 454 Section 151, act Aug. 20, 1912, ch. 308, § 11, 37 Stat. 319, defined ‘‘person’’ as used in this chapter. Section 152, act Aug. 20, 1912, ch. 308, § 6, 37 Stat. 317, defined ‘‘nursery stock’’ for purpose of this chapter. Section 153, act Aug. 20, 1912, ch. 308, § 11, 37 Stat. 319, related to liability of principal for act or omission of agent. Page 320 TITLE 7—AGRICULTURE § 155 Section 154, acts Aug. 20, 1912, ch. 308, § 1, 37 Stat. 315; July 31, 1947, ch. 405, 61 Stat. 680; Pub. L. 100–449, title III, § 301(f)(3)(A), Sept. 28, 1988, 102 Stat. 1869; Pub. L. 103–465, title IV, § 431(d)(1), Dec. 8, 1994, 108 Stat. 4967, required that movement of nursery stock into or through the United States be made in accordance with regulations to prevent dissemination of plant pests, plant diseases, or insect pests. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 14 of act Aug. 20, 1912, provided that act Aug. 20, 1912, enacting this chapter, was effective Oct. 1, 1912, except as otherwise provided, prior to repeal by Pub. L. 106–224, title IV, § 438(a)(1), June 20, 2000, 114 Stat. 454. § 155. Omitted Editorial Notes CODIFICATION Section, act Mar. 4, 1913, ch. 145, § 1 [part], 37 Stat. 854, provided that any class of nursery stock or of any other class of plants, fruits, vegetables, roots, bulbs, seeds, or other plant products of which the importation could be forbidden from any country or locality under the provisions of section 160 of this title could be im- ported for experimental or scientific purposes by the Department of Agriculture. §§ 156 to 161. Repealed. Pub. L. 106–224, title IV, § 438(a)(1), June 20, 2000, 114 Stat. 454 Section 156, acts Aug. 20, 1912, ch. 308, § 2, 37 Stat. 316; Pub. L. 100–449, title III, § 301(f)(3)(B), Sept. 28, 1988, 102 Stat. 1869; Pub. L. 103–465, title IV, § 431(d)(2), Dec. 8, 1994, 108 Stat. 4968, required that Secretary of Agri- culture be notified of arrival of nursery stock at port of entry, prohibited forwarding without notification, and provided for inspection before shipment. Section 157, act Aug. 20, 1912, ch. 308, § 3, 37 Stat. 316, set forth marking requirements for entry of nursery stock into United States. Section 158, act Aug. 20, 1912, ch. 308, § 4, 37 Stat. 316, related to marking and inspection of imported nursery stock for interstate shipment. Section 159, acts Aug. 20, 1912, ch. 308, § 5, 37 Stat. 316; Pub. L. 97–432, § 1(1), Jan. 8, 1983, 96 Stat. 2276, related to regulation of importation of plant products other than nursery stock. Section 160, acts Aug. 20, 1912, ch. 308, § 7, 37 Stat. 317; Pub. L. 97–432, § 1(2), Jan. 8, 1983, 96 Stat. 2276, author- ized regulations prohibiting importation of nursery stock or other plant products to prevent introduction into United States of any tree, plant or fruit disease or any injurious insect. Section 161, acts Aug. 20, 1912, ch. 308, § 8, 37 Stat. 318; Mar. 4, 1917, ch. 179, 39 Stat. 1165; Apr. 13, 1926, ch. 135, 44 Stat. 250; Pub. L. 95–439, § 4, Oct. 10, 1978, 92 Stat. 1062; Pub. L. 97–432, § 1(3), Jan. 8, 1983, 96 Stat. 2276; Pub. L. 104–127, title IX, § 911, Apr. 4, 1996, 110 Stat. 1185, au- thorized quarantine of any State, territory, or district of the United States in order to prevent the spread of a dangerous plant disease or insect infestation. § 161a. Omitted Editorial Notes CODIFICATION Section was from the Department of Agriculture Ap- propriation Act, 1945, act June 28, 1944, ch. 296, 58 Stat. 440, related to disposition of moneys from inspection and certification of domestic plants and plant products for export, and was not repeated in subsequent appro- priation acts. Similar provisions were contained in prior appropriation acts as follows: July 12, 1943, ch. 215, 57 Stat. 408. July 22, 1942, ch. 516, 56 Stat. 686. §§ 162 to 164a. Repealed. Pub. L. 106–224, title IV, § 438(a)(1), June 20, 2000, 114 Stat. 454 Section 162, act Aug. 20, 1912, ch. 308, § 9, 37 Stat. 318, authorized rules and regulations as necessary for car- rying out the purposes of this chapter. Section 163, acts Aug. 20, 1912, ch. 308, § 10, 37 Stat. 318; Pub. L. 97–461, § 2, Jan. 12, 1983, 96 Stat. 2523, set forth penalties for violations of provisions of this chap- ter or regulations promulgated thereunder. Section 164, act Aug. 20, 1912, ch. 308, § 10, 37 Stat. 318, set forth duty of United States attorneys to prosecute violations of this chapter. Section 164a, act Aug. 20, 1912, ch. 308, § 10, as added May 1, 1928, ch. 462, 45 Stat. 468, authorized search and seizure of nursery stock and plant products by Depart- ment of Agriculture employees. § 165. Repealed. Pub. L. 88–448, title IV, § 402(a)(13), Aug. 19, 1964, 78 Stat. 493 Section, act Aug. 20, 1912, ch. 308, § 12, 37 Stat. 319, re- lated to appointment of members of a Federal Horti- cultural Board from among employees of Department of Agriculture. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on first day of first month which be- gins later than ninetieth day following Aug. 19, 1964, see section 403 of Pub. L. 88–448. § 165a. Omitted Editorial Notes CODIFICATION Section, act May 16, 1928, ch. 572, 45 Stat. 565, pro- vided that the functions of the Federal Horticultural Board should devolve upon and be exercised by the Plant Quarantine and Control Administration. Said act also created an Advisory Federal Plant Quarantine Board which was abolished by act Mar. 3, 1933, ch. 203, 47 Stat. 1463. Appropriations to enable the Secretary of Agriculture to carry into effect the provisions of this chapter, which in prior appropriation acts had been made to the Plant Quarantine and Control Administra- tion, were made to the Bureau of Plant Quarantine by the appropriation act of July 7, 1932, ch. 443, 47 Stat. 640, and to the Bureau of Entomology and Plant Quar- antine by the appropriation act of Mar. 26, 1934, ch. 89, 48 Stat. 486, and subsequent appropriation acts. § 166. Transferred Editorial Notes CODIFICATION Section, act Mar. 4, 1915, ch. 144, 38 Stat. 1113, as amended, which related to transmission by the Postal Service of packages containing plants or plant products for States inspection, was transferred to section 7760 of this title. § 167. Repealed. Pub. L. 106–224, title IV, § 438(a)(1), June 20, 2000, 114 Stat. 454 Section, act Aug. 20, 1912, ch. 308, § 15, as added May 31, 1920, ch. 217, 41 Stat. 726; amended May 16, 1928, ch. 572, 45 Stat. 565; July 7, 1932, ch. 443, 47 Stat. 640; Mar. 26, 1934, ch. 89, 48 Stat. 486; Apr. 1, 1942, ch. 207, §§ 1, 4, 56 Stat. 190, 192; Pub. L. 88–60, §§ 1, 7, July 8, 1963, 77 Stat. 77, 78; Pub. L. 91–358, title I, § 155(a), July 29, 1970, 84 Stat. 570, related to rules and regulations to prevent dissemination of dangerous plant diseases and insect infections and infestations in the District of Columbia.