§ 7714. — General remedial measures for new plant pests and noxious weeds.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7714]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER I--PLANT PROTECTION
Sec. 7714. General remedial measures for new plant pests and
noxious weeds
(a) Authority to hold, treat, or destroy items
If the Secretary considers it necessary in order to prevent the
dissemination of a plant pest or noxious weed that is new to or not
known to be widely prevalent or distributed within and throughout the
United States, the Secretary may hold, seize, quarantine, treat, apply
other remedial measures to, destroy, or otherwise dispose of any plant,
plant pest, noxious weed, biological control organism, plant product,
article, or means of conveyance that--
(1) is moving into or through the United States or interstate,
or has moved into or through the United States or interstate, and--
(A) the Secretary has reason to believe is a plant pest or
noxious weed or is infested with a plant pest or noxious weed at
the time of the movement; or
(B) is or has been otherwise in violation of this chapter;
(2) has not been maintained in compliance with a post-entry
quarantine requirement; or
(3) is the progeny of any plant, biological control organism,
plant product, plant pest, or noxious weed that is moving into or
through the United States or interstate, or has moved into the
United States or interstate, in violation of this chapter.
(b) Authority to order an owner to treat or destroy
(1) In general
The Secretary may order the owner of any plant, biological
control organism, plant product, plant pest, noxious weed, article,
or means of conveyance subject to action under subsection (a) of
this section to treat, apply other remedial measures to, destroy, or
otherwise dispose of the plant, biological control organism, plant
product, plant pest, noxious weed, article, or means of conveyance,
without cost to the Federal Government and in the manner the
Secretary considers appropriate.
(2) Failure to comply
If the owner fails to comply with the Secretary's order under
this subsection, the Secretary may take an action authorized by
subsection (a) of this section and recover from the owner the costs
of any care, handling, application of remedial measures, or disposal
incurred by the Secretary in connection with actions taken under
subsection (a) of this section.
(c) Classification system
(1) Development required
To facilitate control of noxious weeds, the Secretary may
develop a classification system to describe the status and action
levels for noxious weeds. The classification system may include the
current geographic distribution, relative threat, and actions
initiated to prevent introduction or distribution.
(2) Management plans
In conjunction with the classification system, the Secretary may
develop integrated management plans for noxious weeds for the
geographic region or ecological range where the noxious weed is
found in the United States.
(d) Application of least drastic action
No plant, biological control organism, plant product, plant pest,
noxious weed, article, or means of conveyance shall be destroyed,
exported, or returned to the shipping point of origin, or ordered to be
destroyed, exported, or returned to the shipping point of origin under
this section unless, in the opinion of the Secretary, there is no less
drastic action that is feasible and that would be adequate to prevent
the dissemination of any plant pest or noxious weed new to or not known
to be widely prevalent or distributed within and throughout the United
States.
(Pub. L. 106-224, title IV, Sec. 414, June 20, 2000, 114 Stat. 444; Pub.
L. 107-171, title X, Sec. 10418(b)(1), May 13, 2002, 116 Stat. 508.)
Amendments
2002--Subsec. (b)(1). Pub. L. 107-171, Sec. 10418(b)(1)(A), struck
out ``, or the owner's agent,'' after ``subsection (a) of this
section''.
Subsec. (b)(2). Pub. L. 107-171, Sec. 10418(b)(1)(B), struck out
``or agent of the owner'' after ``the owner'' in two places.
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 7716 of this title.
