7 U.S.C. § 7713

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 7713 - Notification and holding requirements upon arrival
(a) Duty of Secretary of the Treasury
(1) Notification

The Secretary of the Treasury shall promptly notify the Secretary of Agriculture of the arrival of any plant, plant product, biological control organism, plant pest, or noxious weed at a port of entry.

(2) Holding

The Secretary of the Treasury shall hold a plant, plant product, biological control organism, plant pest, or noxious weed for which notification is made under paragraph (1) at the port of entry until the plant, plant product, biological control organism, plant pest, or noxious weed-

(A) is inspected and authorized for entry into or transit movement through the United States; or
(B) is otherwise released by the Secretary of Agriculture.
(3) Exceptions

Paragraphs (1) and (2) shall not apply to any plant, plant product, biological control organism, plant pest, or noxious weed that is imported from a country or region of a country designated by the Secretary of Agriculture, pursuant to regulations, as exempt from the requirements of such paragraphs.

(b) Duty of responsible parties
(1) Notification

The person responsible for any plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance required to have a permit under section 7711 or 7712 of this title shall provide the notification described in paragraph (3) as soon as possible after the arrival of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance at a port of entry and before the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance is moved from the port of entry.

(2) Submission

The notification shall be provided to the Secretary, or, at the Secretary's direction, to the proper official of the State to which the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance is destined, or both, as the Secretary may prescribe.

(3) Elements of notification

The notification shall consist of the following:

(A) The name and address of the consignee.
(B) The nature and quantity of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance proposed to be moved.
(C) The country and locality where the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance was grown, produced, or located.
(c) Prohibition on movement of items without authorization

No person shall move from a port of entry or interstate any imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance unless the imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance-

(1) is inspected and authorized for entry into or transit movement through the United States; or
(2) is otherwise released by the Secretary.

7 U.S.C. § 7713

Pub. L. 106-224, title IV, §413, June 20, 2000, 114 Stat. 443.

STATUTORY NOTES AND RELATED SUBSIDIARIES

TRANSFER OF FUNCTIONSFor 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.

Secretary
The term "Secretary" means the Secretary of Agriculture.
State
The term "State" means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
United States
The term "United States" means all of the States.
article
The term "article" means any material or tangible object that could harbor plant pests or noxious weeds.
biological control organism
The term "biological control organism" means any enemy, antagonist, or competitor used to control a plant pest or noxious weed.
interstate
The term "interstate" means-(A) from one State into or through any other State; or(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
means of conveyance
The term "means of conveyance" means any personal property used for or intended for use for the movement of any other personal property.
noxious weed
The term "noxious weed" means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment.
permit
The term "permit" means a written or oral authorization, including by electronic methods, by the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Secretary.
person
The term "person" means any individual, partnership, corporation, association, joint venture, or other legal entity.
plant pest
The term "plant pest" means any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product:(A) A protozoan.(B) A nonhuman animal.(C) A parasitic plant.(D) A bacterium.(E) A fungus.(F) A virus or viroid.(G) An infectious agent or other pathogen.(H) Any article similar to or allied with any of the articles specified in the preceding subparagraphs.
plant product
The term "plant product" means-(A) any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant; or(B) any manufactured or processed plant or plant part.
plant
The term "plant" means any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.
entry
The terms "enter" and "entry" mean to move into, or the act of movement into, the commerce of the United States.
import
The terms "import" and "importation" mean to move into, or the act of movement into, the territorial limits of the United States.