Sec. 10408. INSPECTIONS, SEIZURES, AND WARRANTS.58
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## SEC. 10408 INSPECTIONS, SEIZURES, AND WARRANTS.58 **[**[7 U.S.C. 8307](/us/usc/t7/s8307)**]** 58Section 10811 of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171; 116 Stat. 531; 7 U.S.C. 8307 note) provides as follows: SEC. 10811. PRECLEARANCE QUARANTINE INSPECTIONS.
(a)Preclearance Inspections Required.—The Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall conduct preclearance quarantine inspections of persons, baggage, cargo, and any other articles destined for movement from the State of Hawaii to any of the following—
(1)The continental United States.
(2)Guam.
(3)Puerto Rico.
(4)The United States Virgin Islands.
(b)Inspection Locations.—The preclearance quarantine inspections required by subsection
(a)shall be conducted at all direct departure and interline airports in the State of Hawaii.
(c)Limitation.—The Secretary shall not implement this section unless appropriations for necessary expenses of the Animal and Plant Health Inspection Service for inspection, quarantine, and regulatory activities are increased by an amount not less than $3,000,000 in an Act making appropriations for fiscal year 2003. ###
(a)Guidelines 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 animal or article regulated under this subtitle; ####
(2)in interstate commerce, on probable cause to believe that the person or means of conveyance is carrying any animal or article regulated under this subtitle; or ####
(3)in intrastate commerce from any State, or any portion of a State, quarantined under section 10407(b), on probable cause to believe that the person or means of conveyance is carrying any animal or article quarantined under section 10407(b). ###
(c)Inspections With Warrants ####
(1)In general The Secretary may enter, with a warrant, any premises in the United States for the purpose of making inspections and seizures under this subtitle. ####
(2)Application and issuance of warrants #####
(A)In general On proper oath or affirmation showing probable cause to believe that there is on certain premises any animal, article, facility, or means of conveyance regulated under this subtitle, a United States judge, a judge of a court of record in the United States, or a United States magistrate judge may issue a warrant for the entry on premises within the jurisdiction of the judge or magistrate to make any inspection or seizure under this subtitle. #####
(B)Execution The warrant may be applied for and executed by the Secretary or any United States marshal.
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- Pub. L. 107-171
- 116 Stat. 531
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Sec. 10408
INSPECTIONS, SEIZURES, AND WARRANTS.58
Pub. L.Pub. L. 107-171
Stat.116 Stat. 531
Cites 3Cited by 0 across 0 sources