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7 U.S.C. § 7702Definitions

submitted 26 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 750 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines the key terms used in the federal law that protects U.S. agriculture from plant pests and noxious weeds. It explains what counts as an "article," a "plant pest," a "noxious weed," and what it means to "move" or "import" something, among many other terms used throughout the law.

This section defines terms used throughout this chapter, the federal law on plant pest and noxious weed control: (1) Article. Any material or object that could harbor plant pests or noxious weeds. (2) Biological control organism. Any enemy, competitor, or antagonist used to control a plant pest or noxious weed. (3) Enter and entry. Moving, or the act of moving, into U.S. commerce. (4) Export and exportation. Moving, or the act of moving, from the U.S. to somewhere outside the U.S. (5) Import and importation. Moving, or the act of moving, into U.S. territory. (6) Interstate. Either from one state into or through another state, or within D.C., Guam, the U.S. Virgin Islands, or another U.S. territory. (7) Interstate commerce. Trade or traffic between a point in one state and a point in another (including passing through a third state along the way), or trade within D.C., Guam, the Virgin Islands, or another U.S. territory. (8) Means of conveyance. Any personal property used, or meant to be used, to move other personal property. (9) Move, moving, movement. Carrying, entering, importing, mailing, shipping, or transporting something; helping, causing, or inducing any of those; offering to do any of those; receiving something in order to do any of those; releasing something into the environment; or allowing any of the above to happen. (10) Noxious weed. Any plant or plant product that can directly or indirectly hurt crops, livestock, poultry, farming, irrigation, shipping, U.S. natural resources, public health, or the environment. (11) Permit. A written or oral authorization (including by electronic means) from the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles, under conditions the Secretary sets. (12) Person. Any individual, partnership, corporation, association, joint venture, or other legal entity. (13) Plant. Any plant or plant part capable of being propagated — including trees, tissue or plantlet cultures, pollen, shrubs, vines, cuttings, grafts, scions, buds, bulbs, roots, and seeds. (14) Plant pest. Any living stage of a protozoan, nonhuman animal, parasitic plant, bacterium, fungus, virus or viroid, other infectious agent or pathogen, or similar organism, that can directly or indirectly injure, damage, or cause disease in a plant or plant product. (15) Plant product. Either a flower, fruit, vegetable, root, bulb, seed, or other plant part not already covered by the definition of "plant," or any manufactured or processed plant or plant part. (16) Secretary. The Secretary of Agriculture. (17) State. Any of the 50 states, the Northern Mariana Islands, Puerto Rico, D.C., Guam, the U.S. Virgin Islands, or any other U.S. territory or possession. (18) Systems approach. For purposes of section 7712(e), a defined set of at least two pest-control procedures that each independently reduce the pest risk from moving a commodity. (19) This chapter. Except where this section itself uses the term, "this chapter" also includes any regulation or order the Secretary issues under this chapter's authority. (20) United States. All of the states (as defined in paragraph 17).
the actual law source: uscode.house.gov ↗public domain

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—

(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.

(8) 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.

(9) Move and related terms

The terms “move”, “moving”, and “movement” mean—

(A)

to carry, enter, import, mail, ship, or transport;

(B)

to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting;

(C)

to offer to carry, enter, import, mail, ship, or transport;

(D)

to receive to carry, enter, import, mail, ship, or transport;

(E)

to release into the environment; or

(F)

to allow any of the activities described in a preceding subparagraph.

(10) 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.

(11) 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.

(12) Person

The term “person” means any individual, partnership, corporation, association, joint venture, or other legal entity.

(13) 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.

(14) 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.

(15) 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.

(16) Secretary

The term “Secretary” means the Secretary of Agriculture.

(17) 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.

(18) Systems approach

For the purposes of section 7712(e) of this title, the term “systems approach” means a defined set of phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the movement of commodities.

(19) This chapter

Except when used in this section, the term “this chapter” includes any regulation or order issued by the Secretary under the authority of this chapter.

(20) United States

The term “United States” means all of the States.

Source credit: (Pub. L. 106–224, title IV, § 403, June 20, 2000, 114 Stat. 438.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-224 · 114 Stat. 438

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-224 on 2000-06-20.

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