§ 7712. — Regulation of movement of plants, plant products, biological control organisms, noxious weeds, articles, and means of conveyance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7712]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER I--PLANT PROTECTION
Sec. 7712. Regulation of movement of plants, plant products,
biological control organisms, noxious weeds, articles, and means
of conveyance
(a) In general
The Secretary may prohibit or restrict the importation, entry,
exportation, or movement in interstate commerce of any plant, plant
product, biological control organism, noxious weed, article, or means of
conveyance, if the Secretary determines that the prohibition or
restriction is necessary to prevent the introduction into the United
States or the dissemination of a plant pest or noxious weed within the
United States.
(b) Policy
The Secretary shall ensure that processes used in developing
regulations under this section governing consideration of import
requests are based on sound science and are transparent and accessible.
(c) Regulations
The Secretary may issue regulations to implement subsection (a) of
this section, including regulations requiring that any plant, plant
product, biological control organism, noxious weed, article, or means of
conveyance imported, entered, to be exported, or moved in interstate
commerce--
(1) be accompanied by a permit issued by the Secretary prior to
the importation, entry, exportation, or movement in interstate
commerce;
(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, plant product,
biological control organism, noxious weed, article, or means of
conveyance is to be moved;
(3) be subject to remedial measures the Secretary determines to
be necessary to prevent the spread of plant pests or noxious weeds;
and
(4) with respect to plants or biological control organisms, be
grown or handled under post-entry quarantine conditions by or under
the supervision of the Secretary for the purposes of determining
whether the plant or biological control organism may be infested
with plant pests or may be a plant pest or noxious weed.
(d) Notice
Not later than 1 year after June 20, 2000, the Secretary shall
publish for public comment a notice describing the procedures and
standards that govern the consideration of import requests. The notice
shall--
(1) specify how public input will be sought in advance of and
during the process of promulgating regulations necessitating a risk
assessment in order to ensure a fully transparent and publicly
accessible process; and
(2) include consideration of the following:
(A) Public announcement of import requests that will
necessitate a risk assessment.
(B) A process for assigning major/nonroutine or minor/
routine status to such requests based on current state of
supporting scientific information.
(C) A process for assigning priority to requests.
(D) Guidelines for seeking relevant scientific and economic
information in advance of initiating informal rulemaking.
(E) Guidelines for ensuring availability and transparency of
assumptions and uncertainties in the risk assessment process
including applicable risk mitigation measures relied upon
individually or as components of a system of mitigative measures
proposed consistent with the purposes of this chapter.
(e) Study and report on systems approach
(1) Study
The Secretary shall conduct a study of the role for and
application of systems approaches designed to guard against the
introduction of plant pathogens into the United States associated
with proposals to import plants or plant products into the United
States.
(2) Participation by scientists
In conducting the study the Secretary shall ensure participation
by scientists from State departments of agriculture, colleges and
universities, the private sector, and the Agricultural Research
Service.
(3) Report
Not later than 2 years after June 20, 2000, the Secretary shall
submit a report on the results of the study conducted under this
section to the Committee on Agriculture, Nutrition, and Forestry of
the Senate and the Committee on Agriculture of the House of
Representatives.
(f) Noxious weeds
(1) Regulations
In the case of noxious weeds, the Secretary may publish, by
regulation, a list of noxious weeds that are prohibited or
restricted from entering the United States or that are subject to
restrictions on interstate movement within the United States.
(2) Petition to add or remove plants from regulation
Any person may petition the Secretary to add a plant species to,
or remove a plant species from, the regulations issued by the
Secretary under this subsection.
(3) Duties of 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.
(g) Biological control organisms
(1) Regulations
In the case of biological control organisms, the Secretary may
publish, by regulation, a list of organisms whose movement in
interstate commerce is not prohibited or restricted. Any listing may
take into account distinctions between organisms such as indigenous,
nonindigenous, newly introduced, or commercially raised.
(2) Petition to add or remove biological control organisms
from the regulations
Any person may petition the Secretary to add a biological
control organism to, or remove a biological control organism from,
the regulations issued by the Secretary under this subsection.
(3) Duties of 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.
(Pub. L. 106-224, title IV, Sec. 412, June 20, 2000, 114 Stat. 441.)
References in Text
This chapter, referred to in subsec. (d)(2)(E), was in the original
``this title'', meaning title IV of Pub. L. 106-224, June 20, 2000, 114
Stat. 438, 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.
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 sections 7702, 7713 of this title.
