7 U.S.C. § 8304
The Secretary may prohibit or restrict-
The Secretary may require the disinfection of-
If an owner fails to comply with an order of the Secretary under this section, the Secretary may-
The Secretary may certify the classification, quality, quantity, condition, processing, handling, or storage of any animal or article intended for export.
There is authorized to be appropriated-
Funds appropriated under paragraph (1) shall remain available until expended.
7 U.S.C. § 8304
EDITORIAL NOTES
REFERENCES IN TEXTSection 11010 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (d)(1)(A), is section 11010 of Pub. L. 110-246 which amended this section and enacted provisions set out as a note below.
CODIFICATION Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.
AMENDMENTS2014-Subsec. (d)(1). Pub. L. 113-79 substituted "2018" for "2012" in subpars. (A) and (B).2008-Subsec. (d). Pub. L. 110-246, §11010(c), added subsec. (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of this title.
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.
TRICHINAE CERTIFICATION PROGRAM Pub. L. 113-79, title XII, §12101(a), (b), Feb. 7, 2014, 128 Stat. 978, provided that:"(a) ALTERNATIVE CERTIFICATION PROCESS.-The Secretary of Agriculture shall amend the rule made under paragraph (2) of section 11010(a) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8304(a) [sic]) [7 U.S.C. 8304 note, set out below] to implement the voluntary trichinae certification program established under paragraph (1) of such section, to include a requirement to establish an alternative trichinae certification process based on surveillance or other methods consistent with international standards for categorizing compartments as having negligible risk for trichinae."(b) FINAL REGULATIONS.-Not later than one year after the date on which the international standards referred to in subsection (a) are adopted, the Secretary shall finalize the rule amended under such subsection." Pub. L. 110-234, title XI, §11010(a), (b), May 22, 2008, 122 Stat. 1359, and Pub. L. 110-246, §4(a), title XI, §11010(a), (b), June 18, 2008, 122 Stat. 1664, 2121, provided that:"(a) VOLUNTARY TRICHINAE CERTIFICATION.- "(1) ESTABLISHMENT.-Not later than 90 days after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture shall establish a voluntary trichinae certification program. Such program shall include the facilitation of the export of pork products and certification services related to such products."(2) REGULATIONS.-The Secretary shall issue final regulations to implement the program under paragraph (1) not later than 90 days after the date of the enactment of this Act."(3) REPORT.-If final regulations are not published in accordance with paragraph (2) within 90 days of the date of the enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing-"(A) an explanation of why the final regulations have not been issued in accordance with paragraph (2); and "(B) the date on which the Secretary expects to issue such final regulations."(b) FUNDING.-Subject to the availability of appropriations under subsection (d)(1)(A) of section 10405 of the Animal Health Protection Act (7 U.S.C. 8304), as added by subsection (c), the Secretary shall use not less than $6,200,000 of the funds made available under such subsection to carry out subsection (a)."[Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246 set out as a note under section 8701 of this title.]
- 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 pest or disease or any material or tangible object that could harbor a pest or disease.
- export
- The term "export" means to move from a place within the territorial limits of the United States to a place outside the territorial limits of the United States.
- facility
- The term "facility" means any structure.
- import
- The term "import" means to move from a place outside the territorial limits of the United States to a place within the territorial limits of the United States.
- livestock
- The term "livestock" means all farm-raised animals.
- 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.
- pest
- The term "pest" means any of the following that can directly or indirectly injure, cause damage to, or cause disease in livestock:(A) A protozoan.(B) A plant.(C) A bacteria.(D) A fungus.(E) A virus or viroid.(F) An infectious agent or other pathogen.(G) An arthropod.(H) A parasite.(I) A prion.(J) A vector.(K) Any organism similar to or allied with any of the organisms described in this paragraph.