7 U.S.C. § 7759 — Fees for inspection of plants for exporting

Page 2101 TITLE 7—AGRICULTURE § 7759 1 See Codification note below. circumstances is held invalid, the remainder of this chapter and the application of the provision to other persons and circumstances shall not be affected by the invalidity. (Pub. L. 106–224, title IV, § 437, June 20, 2000, 114 Stat. 454.) 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. § 7758. Repeal of superseded laws (a), (b) Omitted (c) Effect on regulations Regulations issued under the authority of a provision of law repealed by subsection (a) 1 shall remain in effect until such time as the Secretary issues a regulation under section 7754 of this title that supersedes the earlier regula- tion. (Pub. L. 106–224, title IV, § 438, June 20, 2000, 114 Stat. 454.) Editorial Notes CODIFICATION Section is comprised of section 438 of Pub. L. 106–224. Subsec. (a) of section 438 of Pub. L. 106–224 amended section 7759 of this title and repealed sections 148, 148a, 148c to 148f, 149, 150, 150a to 150g, 150aa to 150jj, 151 to 154, 156 to 164, 164a, 167, 1651 to 1656, and 2801 to 2813 of this title, and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. Subsec. (b) of section 438 amended section 129a of Title 21, Food and Drugs. 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. § 7759. Fees for inspection of plants for exporting or transiting (a) to (e) Repealed. Pub. L. 106–224, title IV, § 438(a)(3), June 20, 2000, 114 Stat. 454 (f) Authorization of appropriations; fees, late payment penalties, and accrued interest (1) Notwithstanding paragraph (2), there are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. Unless otherwise specifically authorized or provided for in appropriations Acts, no part of such sums shall be used to pay the cost or value of property injured or destroyed. (2) The Secretary of Agriculture is authorized to prescribe and collect fees to recover the costs of providing for the inspection of plants and plant products offered for export or transiting the United States and certifying to shippers and interested parties as to the freedom of such plants and plant products from plant pests ac- cording to the phytosanitary requirements of the foreign countries to which such plants and plant products may be exported, or to the free- dom from exposure to plant pests while in tran- sit through the United States. Any person for whom such an activity is performed shall be lia- ble for payment of fees assessed. Upon failure to pay such fees when due, the Secretary of Agri- culture shall assess a late payment penalty, and such overdue fees shall accrue interest, as re- quired by section 3717 of title 31. All fees, late payment penalties, and accrued interest col- lected shall be credited to such accounts that incur the costs and shall remain available until expended without fiscal year limitation. The Secretary of Agriculture shall have a lien for the fees, any late payment penalty, and any ac- crued interest assessed against the plant or plant product for which services have been pro- vided. In the case of any person who fails to make payment when due, the Secretary of Agri- culture shall also have a lien against any plant or plant product thereafter attempted to be ex- ported by such person. The Secretary of Agri- culture may, in case of nonpayment of the fees, late payment penalty, or accrued interest, after giving reasonable notice of default to the person liable for payment of such assessments, sell at public sale after reasonable public notice, or otherwise dispose of, any such plant or plant product upon which the Secretary of Agri- culture has a lien pursuant to this section. If the sale proceeds exceed the fees due, any late pay- ment penalty assessed, any accrued interest and the expenses of the sale, the excess shall be paid, in accordance with regulations of the Secretary of Agriculture, to the owner of the plant or plant product sold upon the owner making appli- cation therefore with proof of ownership, within six months after such sale, and otherwise the ex- cess shall be credited to accounts that incur the costs and shall remain available until expended. The Secretary of Agriculture shall, pursuant to regulations as prescribed by the Secretary of Agriculture, suspend performance of services to persons who have failed to pay such fees, late payment penalty and accrued interest. (Sept. 21, 1944, ch. 412, title I, § 102, 58 Stat. 735; June 17, 1949, ch. 220, 63 Stat. 200; Pub. L. 85–36, title II, § 201, May 23, 1957, 71 Stat. 35; Pub. L. 94–231, § 1, Mar. 15, 1976, 90 Stat. 215; Pub. L. 101–624, title XXV, §§ 2504, 2509(b), Nov. 28, 1990, 104 Stat. 4068, 4070; Pub. L. 106–224, title IV, § 438(a)(3), June 20, 2000, 114 Stat. 454.) Editorial Notes CODIFICATION Section was formerly classified to section 147a of this title. Section was not enacted as part of the Plant Protec- tion Act which comprises this chapter. AMENDMENTS 2000—Subsecs. (a) to (e). Pub. L. 106–224 struck out subsecs. (a) to (e), which authorized measures for con- Page 2102 TITLE 7—AGRICULTURE § 7760 1 So in original. trol and eradication of plant pests, set forth provisions relating to intergovernmental cooperation and respon- sibility of cooperating foreign agencies, defined terms as used in this section, and authorized rules and regula- tions to provide for inspection and certification of plants and plant products offered for export or transiting the United States. 1990—Subsec. (b). Pub. L. 101–624, § 2504, substituted ‘‘foreign countries’’ for ‘‘all countries of the Western Hemisphere’’ and inserted ‘‘foreign or’’ before ‘‘inter- national’’. Subsec. (f). Pub. L. 101–624, § 2509(b), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: ‘‘There are hereby authorized to be appro- priated such sums as the Congress may annually deter- mine to be necessary to enable the Secretary of Agri- culture to carry out the provisions of this section. Un- less otherwise specifically authorized, or provided for in appropriations, no part of such sums shall be used to pay the cost or value of property injured or destroyed.’’ 1976—Subsecs. (a) to (d). Pub. L. 94–231 redesignated existing provisions of subsec. (a) as subsecs. (a) to (d) and broadened Secretary’s authority to control and eradicate plant pests and animal diseases, extended Secretary’s authority to cooperate with foreign govern- ments, and inserted definitions for ‘‘plant pest’’ and ‘‘living stage’’. Former subsecs. (b) and (c) redesignated (e) and (f), respectively. Subsec. (e). Pub. L. 94–231 redesignated subsec. (b) as (e) and made discretionary the Secretary’s authority to provide phytosanitary inspection and certification service for domestic plants and plant products offered for export or transit in the United States. Subsec. (f). Pub. L. 94–231 redesignated subsec. (c) as (f) and substituted provisions authorizing appropria- tions on a Congressional finding of necessity made ‘‘an- nually’’ for provisions authorizing appropriations on a Congressional finding of necessity made ‘‘from time to time’’. 1957—Subsec. (a). Pub. L. 85–36 inserted ‘‘insect pests, plant diseases, and nematodes, such as imported fire ant, soybean cyst nematode, witchweed, spotted alfalfa aphid,’’ after ‘‘or to prevent or retard the spread of’’. 1949—Subsec. (a). Act June 17, 1949, authorized the Secretary to carry out operations to combat the citrus blackfly, white-fringed beetle, and the Hall scale. § 7760. State terminal inspection; transmission of mailed packages for State inspection; non- mailable matter; punishment for violations; rules and regulations by United States Postal Service When any State shall provide for terminal in- spection of plants and plant products, and shall establish and maintain, at the sole expense of the State, such inspection at one or more places therein, the proper officials of said State may submit to the Secretary of Agriculture a list of plants and plant products and the plant pests transmitted thereby, that in the opinion of said officials should be subject to terminal inspec- tion in order to prevent the introduction or dis- semination in said State of pests injurious to agriculture. Upon his approval of said list, in whole or in part, the Secretary of Agriculture shall transmit the same to the United States Postal Service, and thereafter all packages con- taining any plants or plant products named in said approved lists shall, upon payment of post- age therefor, be forwarded by the postmaster at the destination of said package to the proper State official at the nearest place where inspec- tion is maintained. If the plants or plant prod- ucts (including seed) are found upon inspection to be free from injurious pests and not in viola- tion of a plant-quarantine law or plant-quar- antine regulation of the United States Depart- ment of Agriculture or of the State of destina- tion pertaining to such injurious pests, or if in- fected shall be disinfected by said official, they shall upon payment of postage therefor be re- turned to the postmaster at the place of inspec- tion to be forward 1 to the person to whom they are addressed; but if found to be infected with injurious pests and incapable of satisfactory dis- infection or in violation of a plant-quarantine law or plant-quarantine regulation of the United States Department of Agriculture or of the State of destination pertaining to such injurious pests, the State inspector shall so notify the postmaster at the place of inspection who shall promptly notify the sender of said plants or plant products that they will be returned to him upon his request and at his expense, or in de- fault of such request that they will be turned over to the State authorities for destruction. It shall be unlawful for any person, firm, or corporation to deposit in the United States mails any package containing any plant or plant product addressed to any place within a State maintaining inspection thereof, as herein de- fined, without plainly marking the package so that its contents may be readily ascertained by an inspection of the outside thereof. Whoever shall fail to so mark said packages shall be pun- ished by a fine of not more than $100. The United States Postal Service is authorized and directed to make all needful rules and regu- lations for carrying out the purposes hereof. (Mar. 4, 1915, ch. 144, 38 Stat. 1113; June 4, 1936, ch. 495, 49 Stat. 1461; Pub. L. 91–375, § 4(a), Aug. 12, 1970, 84 Stat. 773.) Editorial Notes CODIFICATION Section was formerly classified to section 166 of this title. Section was enacted as part of the Agricultural Ap- propriation Act, 1916, and not as part of the Plant Pro- tection Act which comprises this chapter. AMENDMENTS 1936—Act June 4, 1936, amended last sentence of first par. by changing introductory word ‘‘plant’’ to ‘‘plants’’, inserting ‘‘(including seed)’’, ‘‘and not in vio- lation of a plant-quarantine law or plant-quarantine regulation of the United States Department of Agri- culture or of the State of destination pertaining to such injurious pests’’, ‘‘or in violation of a plant-quar- antine law or plant-quarantine regulation of the United States Department of Agriculture or of the State of destination pertaining to such injurious pests,’’ and striking out the comma after ‘‘place of inspection’’. Statutory Notes and Related Subsidiaries SHORT TITLE This section is popularly known as the ‘‘Terminal In- spection Act.’’ TRANSFER OF FUNCTIONS In first and third pars., ‘‘United States Postal Serv- ice’’ substituted for ‘‘Postmaster General’’ pursuant to Pub. L. 91–375, § 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post