7 U.S.C. § 281 — Honeybee 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