§ 7711. — Regulation of movement of plant pests.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7711]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER I--PLANT PROTECTION
Sec. 7711. Regulation of movement of plant pests
(a) Prohibition of unauthorized movement of plant pests
Except as provided in subsection (c) of this section, no person
shall import, enter, export, or move in interstate commerce any plant
pest, unless the importation, entry, exportation, or movement is
authorized under general or specific permit and is in accordance with
such regulations as the Secretary may issue to prevent the introduction
of plant pests into the United States or the dissemination of plant
pests within the United States.
(b) Requirements for processes
The Secretary shall ensure that the processes used in developing
regulations under subsection (a) of this section governing consideration
of import requests are based on sound science and are transparent and
accessible.
(c) Authorization of movement of plant pests by regulation
(1) Exception to permit requirement
The Secretary may issue regulations to allow the importation,
entry, exportation, or movement in interstate commerce of specified
plant pests without further restriction if the Secretary finds that
a permit under subsection (a) of this section is not necessary.
(2) Petition to add or remove plant pests from regulation
Any person may petition the Secretary to add a plant pest to, or
remove a plant pest from, the regulations issued by the Secretary
under paragraph (1).
(3) Response to petition by the Secretary
In the case of a petition submitted under paragraph (2), the
Secretary shall act on the petition within a reasonable time and
notify the petitioner of the final action the Secretary takes on the
petition. The Secretary's determination on the petition shall be
based on sound science.
(d) Prohibition of unauthorized mailing of plant pests
(1) In general
Any letter, parcel, box, or other package containing any plant
pest, whether sealed as letter-rate postal matter or not, is
nonmailable and shall not knowingly be conveyed in the mail or
delivered from any post office or by any mail carrier, unless the
letter, parcel, box, or other package is mailed in compliance with
such regulations as the Secretary may issue to prevent the
dissemination of plant pests into the United States or interstate.
(2) Application of postal laws and regulations
Nothing in this subsection authorizes any person to open any
mailed letter or other mailed sealed matter except in accordance
with the postal laws and regulations.
(e) Regulations
Regulations issued by the Secretary to implement subsections (a),
(c), and (d) of this section may include provisions requiring that any
plant pest imported, entered, to be exported, moved in interstate
commerce, mailed, or delivered from any post office--
(1) be accompanied by a permit issued by the Secretary prior to
the importation, entry, exportation, movement in interstate
commerce, mailing, or delivery of the plant pest;
(2) be accompanied by a certificate of inspection issued (in a
manner and form required by the Secretary) by appropriate officials
of the country or State from which the plant pest is to be moved;
(3) be raised under post-entry quarantine conditions by or under
the supervision of the Secretary for the purposes of determining
whether the plant pest--
(A) may be infested with other plant pests;
(B) may pose a significant risk of causing injury to, damage
to, or disease in any plant or plant product; or
(C) may be a noxious weed; and
(4) be subject to remedial measures the Secretary determines to
be necessary to prevent the spread of plant pests.
(Pub. L. 106-224, title IV, Sec. 411, June 20, 2000, 114 Stat. 440.)
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating
to agricultural import and entry inspection activities under this
chapter 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 7713 of this title.
