§ 8306. Seizure, quarantine, and disposal

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(a)In general The Secretary may hold, seize, quarantine, treat, destroy, dispose of, or take other remedial action with respect to—

(1)any animal or progeny of any animal, article, or means of conveyance that—

(A)is moving or has been moved in interstate commerce or has been imported and entered; and

(B)the Secretary has reason to believe may carry, may have carried, or may have been affected with or exposed to any pest or disease of livestock at the time of movement or that is otherwise in violation of this chapter;

(2)any animal or progeny of any animal, article, or means of conveyance that is moving or is being handled, or has moved or has been handled, in interstate commerce in violation of this chapter;

(3)any animal or progeny of any animal, article, or means of conveyance that has been imported, and is moving or is being handled or has moved or has been handled, in violation of this chapter; or

(4)any animal or progeny of any animal, article, or means of conveyance that the Secretary finds is not being maintained, or has not been maintained, in accordance with any post-importation quarantine, post-importation condition, post-movement quarantine, or post-movement condition in accordance with this chapter.

(b)Extraordinary emergencies

(1)In general Subject to paragraph (2), if the Secretary determines that an extraordinary emergency exists because of the presence in the United States of a pest or disease of livestock and that the presence of the pest or disease threatens the livestock of the United States, the Secretary may—

(A)hold, seize, treat, apply other remedial actions to, destroy (including preventative slaughter), or otherwise dispose of, any animal, article, facility, or means of conveyance if the Secretary determines the action is necessary to prevent the dissemination of the pest or disease; and

(B)prohibit or restrict the movement or use within a State, or any portion of a State of any animal or article, means of conveyance, or facility if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination of the pest or disease.

(2)State action

(A)In general The Secretary may take action in a State under this subsection only on finding that measures being taken by the State are inadequate to control or eradicate the pest or disease, after review and consultation with—

“(i)  1 the Governor or an appropriate animal health official of the State; or

“(ii)  1 in the case of any animal, article, facility, or means of conveyance under the jurisdiction of an Indian tribe, the head of the Indian tribe.

(B)Notice Subject to subparagraph (C), before any action is taken in a State under subparagraph (A), the Secretary shall—

(i)notify the Governor, an appropriate animal health official of the State, or head of the Indian tribe of the proposed action;

(ii)issue a public announcement of the proposed action; and

(iii)publish in the Federal Register—

(I)the findings of the Secretary;

(II)a description of the proposed action; and

(III)a statement of the reasons for the proposed action.

(C)Notice after action If it is not practicable to publish in the Federal Register the information required under subparagraph (B)(iii) before taking action under subparagraph (A), the Secretary shall publish the information as soon as practicable, but not later than 10 business days, after commencement of the action.

(c)Quarantine, disposal, or other remedial action

(1)In general The Secretary, in writing, may order the owner of any animal, article, facility, or means of conveyance referred to in subsection

(a)or

(b)to maintain in quarantine, dispose of, or take other remedial action with respect to the animal, article, facility, or means of conveyance, in a manner determined by the Secretary.

(2)Failure to comply with orders If the owner fails to comply with the order of the Secretary, the Secretary may—

(A)seize, quarantine, dispose of, or take other remedial action with respect to the animal, article, facility, or means of conveyance under subsection

(a)or (b); and

(B)recover from the owner the costs of any care, handling, disposal, or other remedial action incurred by the Secretary in connection with the seizure, quarantine, disposal, or other remedial action.

(d)Compensation

(1)In general Except as provided in paragraph (3), the Secretary shall compensate the owner of any animal, article, facility, or means of conveyance that the Secretary requires to be destroyed under this section.

(2)Amount

(A)In general Subject to subparagraphs

(B)and (C), the compensation shall be based on the fair market value, as determined by the Secretary, of the destroyed animal, article, facility, or means of conveyance.

(B)Limitation Compensation paid any owner under this subsection shall not exceed the difference between—

(i)the fair market value of the destroyed animal, article, facility, or means of conveyance; and

(ii)any compensation received by the owner from a State or other source for the destroyed animal, article, facility, or means of conveyance.

(C)Reviewability The determination by the Secretary of the amount to be paid under this subsection shall be final and not subject to judicial review or review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary.

(3)Exceptions No payment shall be made by the Secretary under this subsection for—

(A)any animal, article, facility, or means of conveyance that has been moved or handled by the owner in violation of an agreement for the control and eradication of diseases or pests or in violation of this chapter;

(B)any progeny of any animal or article, which animal or article has been moved or handled by the owner of the animal or article in violation of this chapter;

(C)any animal, article, or means of conveyance that is refused entry under this chapter; or

(D)any animal, article, facility, or means of conveyance that becomes or has become affected with or exposed to any pest or disease of livestock because of a violation of an agreement for the control and eradication of diseases or pests or a violation of this chapter by the owner.

(Pub. L. 107–171, title X, § 10407, May 13, 2002, 116 Stat. 498; Pub. L. 110–234, title XI, § 11011(1), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11011(1), June 18, 2008, 122 Stat. 1664, 2121.)

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1
Pub. L. 107–171, title X, § 10407
116 Stat. 498
Pub. L. 110–234, title XI, § 11011(1)
122 Stat. 1360
Pub. L. 110–246, § 4(a)
122 Stat. 1664
Pub. L. 107–171
116 Stat. 494
Pub. L. 110–234
Pub. L. 110–246
section 4(a) of Pub. L. 110–246
Pub. L. 110–246, § 11011(1)
section 4 of Pub. L. 110–246

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cites case law

§ 8306

Seizure, quarantine, and disposal

Bills×23

Fed. Reg.×5

Stat.×4

Stat. Comp.×3

U.S.C.×3

Pub. L.×2

U.S.C.§ 8301

U.S.C.§ 8701

U.S.C.§ 542

Cite1

Pub. L.Pub. L. 107–171, title X, § 10407

Stat.116 Stat. 498

Pub. L.Pub. L. 110–234, title XI, § 11011(1)

Stat.122 Stat. 1360

Cites 17 · showing 8Cited by 40 across 6 sources