§ 7731. — Inspections, seizures, and warrants.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7731]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER II--INSPECTION AND ENFORCEMENT
Sec. 7731. Inspections, seizures, and warrants
(a) Role of Attorney General
The activities authorized by this section shall be carried out
consistent with guidelines approved by the Attorney General.
(b) Warrantless inspections
The Secretary may stop and inspect, without a warrant, any person or
means of conveyance moving--
(1) into the United States to determine whether the person or
means of conveyance is carrying any plant, plant product, biological
control organism, plant pest, noxious weed, or article subject to
this chapter;
(2) in interstate commerce, upon probable cause to believe that
the person or means of conveyance is carrying any plant, plant
product, biological control organism, plant pest, noxious weed, or
article subject to this chapter; and
(3) in intrastate commerce from or within any State, portion of
a State, or premises quarantined as part of a extraordinary
emergency declared under section 7715 of this title upon probable
cause to believe that the person or means of conveyance is carrying
any plant, plant product, biological control organism, plant pest,
noxious weed, or article regulated under that section or is moving
subject to that section.
(c) Inspections with a warrant
(1) General authority
The Secretary may enter, with a warrant, any premises in the
United States for the purpose of conducting investigations or making
inspections and seizures under this chapter.
(2) Application and issuance of a warrant
Upon proper oath or affirmation showing probable cause to
believe that there is on certain premises any plant, plant product,
biological control organism, plant pest, noxious weed, article,
facility, or means of conveyance regulated under this chapter, a
United States judge, a judge of a court of record in the United
States, or a United States magistrate judge may, within the judge's
or magistrate's \1\ jurisdiction, issue a warrant for the entry upon
the premises to conduct any investigation or make any inspection or
seizure under this chapter. The warrant may be applied for and
executed by the Secretary or any United States Marshal.
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\1\ So in original. Probably should be ``magistrate judges's''.
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(Pub. L. 106-224, title IV, Sec. 421, June 20, 2000, 114 Stat. 448.)
References in Text
This chapter, referred to in subsecs. (b)(1), (2) and (c), 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.
