§ 7711. Regulation of movement of plant pests
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/usc/title-7/section-7711A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Prohibition of unauthorized movement of plant pests Except as provided in subsection (c), no person shall import, enter, export, or move in interstate commerce any plant pest, unless the importation, entry, exportation, or movement is authorized under general or specific permit and is in accordance with such regulations as the Secretary may issue to prevent the introduction of plant pests into the United States or the dissemination of plant pests within the United States.
(b)Requirements for processes The Secretary shall ensure that the processes used in developing regulations under subsection
(a)governing consideration of import requests are based on sound science and are transparent and accessible.
(c)Authorization of movement of plant pests by regulation
(1)Exception to permit requirement The Secretary may issue regulations to allow the importation, entry, exportation, or movement in interstate commerce of specified plant pests without further restriction if the Secretary finds that a permit under subsection
(a)is not necessary.
(2)Petition to add or remove plant pests from regulation Any person may petition the Secretary to add a plant pest to, or remove a plant pest from, the regulations issued by the Secretary under paragraph (1).
(3)Response to petition by the Secretary In the case of a petition submitted under paragraph (2), the Secretary shall act on the petition within a reasonable time and notify the petitioner of the final action the Secretary takes on the petition. The Secretary’s determination on the petition shall be based on sound science.
(d)Prohibition of unauthorized mailing of plant pests
(1)In general Any letter, parcel, box, or other package containing any plant pest, whether sealed as letter-rate postal matter or not, is nonmailable and shall not knowingly be conveyed in the mail or delivered from any post office or by any mail carrier, unless the letter, parcel, box, or other package is mailed in compliance with such regulations as the Secretary may issue to prevent the dissemination of plant pests into the United States or interstate.
(2)Application of postal laws and regulations Nothing in this subsection authorizes any person to open any mailed letter or other mailed sealed matter except in accordance with the postal laws and regulations.
(e)Regulations Regulations issued by the Secretary to implement subsections (a), (c), and
(d)may include provisions requiring that any plant pest imported, entered, to be exported, moved in interstate commerce, mailed, or delivered from any post office—
(1)be accompanied by a permit issued by the Secretary prior to the importation, entry, exportation, movement in interstate commerce, mailing, or delivery of the plant pest;
(2)be accompanied by a certificate of inspection issued (in a manner and form required by the Secretary) by appropriate officials of the country or State from which the plant pest is to be moved;
(3)be raised under post-entry quarantine conditions by or under the supervision of the Secretary for the purposes of determining whether the plant pest—
(A)may be infested with other plant pests;
(B)may pose a significant risk of causing injury to, damage to, or disease in any plant or plant product; or
(C)may be a noxious weed; and
(4)be subject to remedial measures the Secretary determines to be necessary to prevent the spread of plant pests.
(Pub. L. 106–224, title IV, § 411, June 20, 2000, 114 Stat. 440.)
Connections65 cite this · traces to 1
Cited by 65 sections · top 42
register
- Presidential DocumentsFinal rule
- Rules and RegulationsProposed rule
- UnknownInterim rule and request for comments
- UnknownAffirmation of interim rule as final rule
- UnknownInterim rule and request for comments
- UnknownFinal rule
- Rules and RegulationsInterim rule and request for comments
- Proposed RulesFinal rule
- UnknownAffirmation of interim rule as final rule
- Presidential DocumentsFinal rule
- UnknownInterim rule and request for comments
- UnknownInterim rule and request for comments
- UnknownInterim rule and request for comments
- Rules and RegulationsFinal rule
- UnknownInterim rule and request for comments
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- UnknownFinal rule
- Rules and RegulationsInterim rule and request for comments
- UnknownFinal rule
- Rules and RegulationsInterim rule and request for comments
- NoticesRequest for information
- NoticesAffirmation of interim rule as final rule
- UnknownFinal rule; technical amendments
- NoticesProposed rule
- Proposed RulesProposed rule
- Rules and RegulationsInterim rule and request for comments
- UnknownDirect final rule
statutes-at-large
- Public Law 106–224To amend the Federal Crop Insurance Act to strengthen the safety net for agricultural producers by providing greater access to more affordable risk management tools and improved protection from production and income loss, to improve the efficiency and integrity of the Federal crop insurance program
- Public Law 110–234To provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes
- Public Law 110–246To provide for the continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2012, and for other purposes
statute-compilations
bill
- Sec. 114Rule of construction
- Sec. 114Rule of construction
- Sec. 114Rule of construction
- Sec. 9122Preventing the arrival in the United States of forest pests through restrictions on the importation of certain plants for planting
- Sec. 3Spotted wing drosophila research and mitigation
- Sec. 3Spotted wing drosophila research and mitigation
- Sec. 10007Pilot Program for the Intra-Organizational Movement of Genetically Engineered Microorganisms by Certain Authorized Parties
- Sec. 10006Pilot program for the intra-organizational movement of genetically engineered microorganisms by certain authorized parties
- Sec. 10006Pilot program for the intra-organizational movement of genetically engineered microorganisms by certain authorized parties
- Sec. 3Spotted wing drosophila research and mitigation
Traces to 1 document
U.S. Code
2 references not yet in our index
- Pub. L. 106–224, title IV, § 411
- 114 Stat. 440
Citation graph
cites case law
§ 7711
Regulation of movement of plant pests
Fed. Reg.×51
Bills×10
Stat.×3
Stat. Comp.×1
Pub. L.Pub. L. 106–224, title IV, § 411
Stat.114 Stat. 440
Cites 3Cited by 65 across 4 sources