7 U.S.C. § 7714
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-
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) 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.
If the owner fails to comply with the Secretary's order under this subsection, the Secretary may take an action authorized by subsection (a) 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).
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.
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.
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.
7 U.S.C. § 7714
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (a)(1)(B), (3), was in the original "this title", meaning title IV of Pub. L. 106-224, 114 Stat. 438, known as the Plant Protection Act, 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.
AMENDMENTS2002-Subsec. (b)(1). Pub. L. 107-171, §10418(b)(1)(A), struck out ",or the owner's agent," after "subsection (a)".Subsec. (b)(2). Pub. L. 107-171, §10418(b)(1)(B), struck out "or agent of the owner" after "the owner" in two places.
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.
- 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.
- 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.