§ 281. — Honeybee importation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC281]
TITLE 7--AGRICULTURE
CHAPTER 11--HONEYBEES
Sec. 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 introduction and spread of
diseases and parasites harmful to honeybees, the introduction of
genetically 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 Secretary of the Treasury are
each authorized to prescribe such regulations as the respective
Secretary determines necessary to carry out this section.
(c) Enforcement
Honeybees or honeybee semen offered for importation into,
intercepted entering, or having entered the United States, other than in
accordance with regulations promulgated by the Secretary of Agriculture
and the Secretary of the Treasury, shall be destroyed or immediately
exported.
(d) ``Honeybee'' defined
As used in this chapter, the term ``honeybee'' means all life stages
and the germ plasm of honeybees of the genus Apis, except honeybee
semen.
(Aug. 31, 1922, ch. 301, Sec. 1, 42 Stat. 833; Pub. L. 87-539, Sec. 1,
July 19, 1962, 76 Stat. 169; Pub. L. 94-319, Sec. 1, June 25, 1976, 90
Stat. 709; Pub. L. 103-182, title III, Sec. 361(d)(2), Dec. 8, 1993, 107
Stat. 2123; Pub. L. 103-465, title IV, Sec. 431(e), Dec. 8, 1994, 108
Stat. 4968.)
Amendments
1994--Pub. L. 103-465 amended section generally, substituting
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, providing for destruction or immediate exportation of
nonexcepted honeybees or honeybee semen offered for import or
intercepted, and defining ``honeybee''.
1993--Subsec. (a)(3). Pub. L. 103-182, Sec. 361(d)(2)(A), added par.
(3).
Subsec. (b). Pub. L. 103-182, Sec. 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 importation 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 importation 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 dangerous diseases exist.
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,
Customs 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 Agriculture relating
to agricultural import and entry inspection activities under this
section to the Secretary of Homeland Security, and for treatment of
related references, 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.
Section Referred to in Other Sections
This section is referred to in section 282 of this title.
