7 U.S.C. § 7701

Current through P.L. 118-47 (published on www.congress.gov on 03/23/2024)

Section 7701 - Findings

Congress finds that-

(1) the detection, control, eradication, suppression, prevention, or retardation of the spread of plant pests or noxious weeds is necessary for the protection of the agriculture, environment, and economy of the United States;

(2) biological control is often a desirable, low-risk means of ridding crops and other plants of plant pests and noxious weeds, and its use should be facilitated by the Department of Agriculture, other Federal agencies, and States whenever feasible;

(3) it is the responsibility of the Secretary to facilitate exports, imports, and interstate commerce in agricultural products and other commodities that pose a risk of harboring plant pests or noxious weeds in ways that will reduce, to the extent practicable, as determined by the Secretary, the risk of dissemination of plant pests or noxious weeds;

(4) decisions affecting imports, exports, and interstate movement of products regulated under this chapter shall be based on sound science;

(5) the smooth movement of enterable plants, plant products, biological control organisms, or other articles into, out of, or within the United States is vital to the United State's ¹ economy and should be facilitated to the extent possible;

(6) export markets could be severely impacted by the introduction or spread of plant pests or noxious weeds into or within the United States;

(7) the unregulated movement of plant pests, noxious weeds, plants, certain biological control organisms, plant products, and articles capable of harboring plant pests or noxious weeds could present an unacceptable risk of introducing or spreading plant pests or noxious weeds;

(8) the existence on any premises in the United States of a plant pest or noxious weed new to or not known to be widely prevalent in or distributed within and throughout the United States could constitute a threat to crops and other plants or plant products of the United States and burden interstate commerce or foreign commerce; and

(9) all plant pests, noxious weeds, plants, plant products, articles capable of harboring plant pests or noxious weeds regulated under this chapter are in or affect interstate commerce or foreign commerce.

¹ So in original.

7 U.S.C. § 7701

Pub. L. 106-224, title IV, §402, June 20, 2000, 114 Stat. 438.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in pars. (4) and (9), was in the original "this title", meaning title IV of Pub. L. 106-224, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out below and Tables.

STATUTORY NOTES AND RELATED SUBSIDIARIES

SHORT TITLE Pub. L. 106-224, title IV, §401, June 20, 2000, 114 Stat. 438, provided that: "This title [enacting this chapter, amending section 7759 of this title and section 129a of Title 21, Food and Drugs, and repealing sections 148, 148a, 148c to 148f, 149, 150, 150a to 150g, 150aa to 150jj, 151 to 154, 156 to 164, 164a, 167, 1651 to 1656, and 2801 to 2813 of this title, and provisions set out as notes under sections 147a, 150, 150aa, 151, and 1651 of this title] may be cited as the 'Plant Protection Act'." Pub. L. 106-224, title IV, §451, as added by Pub. L. 108-412, §1, Oct. 30, 2004, 118 Stat. 2320, provided that: "This subtitle [subtitle E (§§451-457) of title IV of Pub. L. 106-224 enacting subchapter V of this chapter] may be cited as the 'Noxious Weed Control and Eradication Act of 2004'."

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.

REGULATIONS TO IMPROVE MANAGEMENT AND OVERSIGHT OF CERTAIN REGULATED ARTICLES Pub. L. 110-234, title X, §102040204,, 122 Stat. 1343, and Pub. L. 110-246, §4(a), title X, §10204, June 18, 2008, 122 Stat. 1664, 2105, provided that:"(a) IN GENERAL.-Not later than 18 months after the date of enactment of this Act [June 18, 2008], the Secretary [of Agriculture] shall-"(1) take action on each issue identified in the document entitled 'Lessons Learned and Revisions under Consideration for APHIS' Biotechnology Framework', dated October 4, 2007; and"(2) as the Secretary considers appropriate, promulgate regulations to improve the management and oversight of articles regulated under the Plant Protection Act ( 7 U.S.C. 7701 et seq.)."(b) INCLUSIONS.-In carrying out subsection (a), the Secretary shall take actions that are designed to enhance- "(1) the quality and completeness of records;"(2) the availability of representative samples;"(3) the maintenance of identity and control in the event of an unauthorized release;"(4) corrective actions in the event of an unauthorized release;"(5) protocols for conducting molecular forensics;"(6) clarity in contractual agreements; "(7) the use of the latest scientific techniques for isolation and confinement distances;"(8) standards for quality management systems and effective research; and"(9) the design of electronic permits to store documents and other information relating to the permit and notification processes."(c) CONSIDERATION.-In carrying out subsection (a), the Secretary shall consider- "(1) establishing-"(A) a system of risk-based categories to classify each regulated article; "(B) a means to identify regulated articles (including the retention of seed samples); and"(C) standards for isolation and containment distances; and"(2) requiring permit holders-"(A) to maintain a positive chain of custody;"(B) to provide for the maintenance of records;"(C) to provide for the accounting of material;"(D) to conduct periodic audits; "(E) to establish an appropriate training program; "(F) to provide contingency and corrective action plans; and "(G) to submit reports as the Secretary considers to be appropriate."[ 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.
State: The term "State" means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
United States: The term "United States" means all of the States.
article: The term "article" means any material or tangible object that could harbor plant pests or noxious weeds.
interstate commerce: The term "interstate commerce" means trade, traffic, or other commerce-(A) between a place in a State and a point in another State, or between points within the same State but through any place outside that State; or(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
interstate: The term "interstate" means-(A) from one State into or through any other State; or(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
noxious weed: The term "noxious weed" means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment.
permit: The term "permit" means a written or oral authorization, including by electronic methods, by the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Secretary.
plant pest: The term "plant pest" means any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product:(A) A protozoan.(B) A nonhuman animal.(C) A parasitic plant.(D) A bacterium.(E) A fungus.(F) A virus or viroid.(G) An infectious agent or other pathogen.(H) Any article similar to or allied with any of the articles specified in the preceding subparagraphs.
plant: The term "plant" means any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.
entry: The terms "enter" and "entry" mean to move into, or the act of movement into, the commerce of the United States.
export: The terms "export" and "exportation" mean to move from, or the act of movement from, the United States to any place outside the United States.
import: The terms "import" and "importation" mean to move into, or the act of movement into, the territorial limits of the United States.