7 U.S.C. § 7701 — Findings

Page 2083 TITLE 7—AGRICULTURE § 7701 1 So in original. (A) shall be to the excepted civil service; and (B) may not exceed a period of 2 years. (Pub. L. 105–185, title VI, § 620, as added Pub. L. 107–171, title VII, § 7219, May 13, 2002, 116 Stat. 449.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsecs. (b)(2)(C), (4)(A)(iv), (B), (d)(2)(A), and (f)(1)(A), is set out under section 5332 of Title 5, Government Organization and Employees. Level I of the Executive Schedule, referred to in sub- sec. (d)(2)(B), is set out in section 5312 of Title 5, Gov- ernment Organization and Employees. PART C—STUDIES §§ 7671, 7672. Repealed. Pub. L. 113–79, title VII, § 7311, Feb. 7, 2014, 128 Stat. 893 Section 7671, Pub. L. 105–185, title VI, § 631, June 23, 1998, 112 Stat. 608, related to evaluation and assessment of agricultural research, extension, and education pro- grams. Section 7672, Pub. L. 105–185, title VI, § 632, June 23, 1998, 112 Stat. 608, related to study of federally funded agricultural research, extension, and education. CHAPTER 104—PLANT PROTECTION Sec. 7701. Findings. 7702. Definitions. SUBCHAPTER I—PLANT PROTECTION 7711. Regulation of movement of plant pests. 7712. Regulation of movement of plants, plant products, biological control organisms, nox- ious weeds, articles, and means of convey- ance. 7712a. Reduction in backlog of agricultural export petitions. 7713. Notification and holding requirements upon arrival. 7714. General remedial measures for new plant pests and noxious weeds. 7715. Declaration of extraordinary emergency and resulting authorities. 7716. Recovery of compensation for unauthorized activities. 7717. Control of grasshoppers and Mormon crickets. 7718. Certification for exports. 7719. Methyl bromide. 7720. National plan for control and management of Sudden Oak Death. 7721. Plant pest and disease management and dis- aster prevention. SUBCHAPTER II—INSPECTION AND ENFORCEMENT 7731. Inspections, seizures, and warrants. 7732. Collection of information. 7733. Subpoena authority. 7734. Penalties for violation. 7735. Enforcement actions of Attorney General. 7736. Court jurisdiction. SUBCHAPTER III—MISCELLANEOUS PROVISIONS 7751. Cooperation. 7752. Buildings, land, people, claims, and agree- ments. 7753. Reimbursable agreements. 7754. Regulations and orders. 7755. Protection for mail handlers. 7756. Preemption. Sec. 7757. Severability. 7758. Repeal of superseded laws. 7759. Fees for inspection of plants for exporting or transiting. 7760. State terminal inspection; transmission of mailed packages for State inspection; non- mailable matter; punishment for violations; rules and regulations by United States Postal Service. 7761. Repealed. SUBCHAPTER IV—AUTHORIZATION OF APPROPRIATIONS 7771. Authorization of appropriations. 7772. Transfer authority. SUBCHAPTER V—NOXIOUS WEED CONTROL AND ERADICATION 7781. Definitions. 7782. Establishment of program. 7783. Grants to weed management entities. 7784. Agreements. 7785. Relationship to other programs. 7786. Authorization of appropriations. § 7701. Findings Congress finds that— (1) the detection, control, eradication, sup- pression, prevention, or retardation of the spread of plant pests or noxious weeds is nec- essary 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 Depart- ment 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 deter- mined by the Secretary, the risk of dissemina- tion 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 orga- nisms, 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 im- pacted 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 con- trol 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 nox- ious weeds; (8) the existence on any premises in the United States of a plant pest or noxious weed Page 2084 TITLE 7—AGRICULTURE § 7702 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 com- merce or foreign commerce. (Pub. L. 106–224, title IV, § 402, June 20, 2000, 114 Stat. 438.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in pars. (4) and (9), was in the original ‘‘this title’’, meaning title IV of Pub. L. 106–224, June 20, 2000, 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 sec- tions 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 FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, 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, § 10204, May 22, 2008, 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 Sec- retary [of Agriculture] shall— ‘‘(1) take action on each issue identified in the doc- ument entitled ‘Lessons Learned and Revisions under Consideration for APHIS’ Biotechnology Frame- work’, dated October 4, 2007; and ‘‘(2) as the Secretary considers appropriate, promul- gate regulations to improve the management and oversight of articles regulated under the Plant Pro- tection Act (7 U.S.C. 7701 et seq.). ‘‘(b) INCLUSIONS.—In carrying out subsection (a), the Secretary shall take actions that are designed to en- hance— ‘‘(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 unauthor- ized 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 docu- ments 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 (in- cluding the retention of seed samples); and ‘‘(C) standards for isolation and containment dis- tances; 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 pro- gram; ‘‘(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.] § 7702. Definitions In this chapter: (1) Article The term ‘‘article’’ means any material or tangible object that could harbor plant pests or noxious weeds. (2) Biological control organism The term ‘‘biological control organism’’ means any enemy, antagonist, or competitor used to control a plant pest or noxious weed. (3) Enter and entry The terms ‘‘enter’’ and ‘‘entry’’ mean to move into, or the act of movement into, the commerce of the United States. (4) Export and 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. (5) Import and importation The terms ‘‘import’’ and ‘‘importation’’ mean to move into, or the act of movement into, the territorial limits of the United States. (6) 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. (7) Interstate commerce The term ‘‘interstate commerce’’ means trade, traffic, or other commerce—