7 U.S.C. § 5674

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 5674 - Trade consultations concerning imports

(a) Consultation between agencies

The Secretary shall require consultation between the Administrator of the Service and the heads of other appropriate agencies and offices of the Department of Agriculture, including the Administrator of the Animal and Plant Health Inspection Service, prior to relaxing or removing any restriction on the importation of any agricultural commodity into the United States.

(b) Consultation with Trade Representative

The Secretary shall consult with the United States Trade Representative prior to relaxing or removing any restriction on the importation of any agricultural commodity or a product thereof into the United States.

(c) Monitoring compliance with sanitary and phytosanitary measures

The Secretary shall monitor the compliance of World Trade Organization member countries with the sanitary and phytosanitary measures of the Agreement on Agriculture of the Uruguay Round of Multilateral Trade Negotiations of the General Agreement on Tariffs and Trade. If the Secretary has reason to believe that any country may have failed to meet the commitment on sanitary and phytosanitary measures under the Agreement in a manner that adversely impacts the exports of a United States agricultural commodity, the Secretary shall-

(1) provide such information to the United States Trade Representative of the circumstances surrounding the matter arising under this subsection; and

(2) with respect to any such circumstances that the Secretary considers to have a continuing adverse effect on United States agricultural exports, report to the Committee on Agriculture, and the Committee on Ways and Means, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Finance, of the Senate-

(A) that a country may have failed to meet the sanitary and phytosanitary commitments; and

(B) any notice given by the Secretary to the United States Trade Representative.

7 U.S.C. § 5674

Pub. L. 95-501, title IV, §414, as added Pub. L. 101-624, title XV, §15311531,, 104 Stat. 3685; amended Pub. L. 104-127, title II, §242(b), Apr. 4, 1996, 110 Stat. 965.

EDITORIAL NOTES

AMENDMENTS1996-Subsec. (c). Pub. L. 104-127 added subsec. (c).

Secretary: The term "Secretary" means the Secretary of Agriculture.
Service: The term "Service" means the Foreign Agricultural Service of the Department of Agriculture.
United States agricultural commodity: The term "United States agricultural commodity" means-(A) an agricultural commodity or product entirely produced in the United States; or(B) a product of an agricultural commodity-(i) 90 percent or more of the agricultural components of which by weight, excluding packaging and added water, is entirely produced in the United States; and(ii) that the Secretary determines to be a high value agricultural product.For purposes of this paragraph, fish entirely produced in the United States include fish harvested by a documented fishing vessel as defined in title 46 in waters that are not waters (including the territorial sea) of a foreign country.
United States: The term "United States" includes each of the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.
agricultural commodity: The term "agricultural commodity" means any agricultural commodity, food, feed, fiber, or livestock (including livestock as it is defined in section 1471(2) of this title and insects), and any product thereof.