7 U.S.C. § 7716
The owner of any plant, plant biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance destroyed or otherwise disposed of by the Secretary under section 7714 or 7715 of this title may bring an action against the United States to recover just compensation for the destruction or disposal of the plant, plant biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance (not including compensation for loss due to delays incident to determining eligibility for importation, entry, exportation, movement in interstate commerce, or release into the environment), but only if the owner establishes that the destruction or disposal was not authorized under this chapter.
An action under this section shall be brought not later than 1 year after the destruction or disposal of the plant, plant biological control organism, plant product, plant pest, noxious weed, article, or means of conveyance involved. The action may be brought in any United States district court where the owner is found, resides, transacts business, is licensed to do business, or is incorporated.
7 U.S.C. § 7716
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsec. (a), 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 under section 7701 of this title and Tables.
- Secretary
- The term "Secretary" means the Secretary of Agriculture.
- 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.
- biological control organism
- The term "biological control organism" means any enemy, antagonist, or competitor used to control a plant pest or noxious weed.
- 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.
- means of conveyance
- The term "means of conveyance" means any personal property used for or intended for use for the movement of any other personal property.
- 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.
- 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 product
- The term "plant product" means-(A) any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant; or(B) any manufactured or processed plant or plant part.
- 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.
- exportation
- 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.
- importation
- The terms "import" and "importation" mean to move into, or the act of movement into, the territorial limits of the United States.