7 U.S.C. § 7712 — Regulation of movement of plants, plant products, biological control organisms, noxious weeds, articles, and means of conveyance
submitted 26 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 856 words · no verdicts yet
This section lets the Secretary restrict the movement of plants, plant products, pests, weeds, related organisms, articles, and transportation methods to prevent harm. It sets regulation, notice, petition, risk-assessment, and least-restrictive-action rules.
(a) General rule. The Secretary* may prohibit or restrict importing, entering, exporting, or moving* interstate* any plant*, plant product*, biological control organism*, “noxious weed*,” article*, or means of conveyance* when necessary to prevent a plant pest* or noxious weed from entering or spreading in the United States. This section does not define the quoted term.
(b) Policy. Regulation-development processes for import* requests must use sound science and be transparent and accessible.
(c) Regulations. The Secretary may issue regulations requiring such an item to (1) have a permit* issued before movement*; (2) have an inspection certificate in the required form from proper officials of the country or State* it comes from; (3) undergo necessary remedial measures to prevent plant pests or noxious weeds from spreading; and (4), for plants or biological control organisms, be grown or handled under post-entry* quarantine under the Secretary’s supervision to determine whether it may contain pests or be a pest or noxious weed.
(d) Notice. Within one year after June 20, 2000, the Secretary must publish for public comment a notice describing procedures and standards for import requests. It must (1) explain how public input will be sought before and during regulations requiring risk assessment, and (2) consider (A) public announcements of requests needing risk assessment; (B) classifying requests as major/nonroutine or minor/routine based on current supporting science; (C) prioritizing requests; (D) obtaining relevant scientific and economic information before informal rulemaking; and (E) making risk-assessment assumptions, uncertainties, and relied-on risk-mitigation measures available and transparent.
(e) Systems approach* study. (1) The Secretary must study the role and use of systems designed to prevent plant pathogens from entering with proposed plant or plant-product imports. (2) Scientists from State agriculture departments, colleges and universities, the private sector, and the Agricultural Research Service must participate. (3) Within two years after June 20, 2000, the Secretary must report the results to the Senate Agriculture, Nutrition, and Forestry Committee and the House Agriculture Committee.
(f) Noxious weeds. (1) The Secretary may list by regulation weeds prohibited or restricted from entering the United States or restricted in interstate movement. (2) Anyone may petition to add or remove a plant species. (3) The Secretary must act within a reasonable time, notify the petitioner, and base the decision on sound science.
(g) Biological control organisms. (1) The Secretary may list by regulation organisms whose interstate movement is not prohibited or restricted, considering whether they are indigenous, nonindigenous, newly introduced, or commercially raised. (2) Anyone may petition to add or remove one. (3) The Secretary must act within a reasonable time, notify the petitioner, and use sound science.
The Secretary* may prohibit or restrict the importation*, entry*, exportation*, or movement* in interstate commerce* of any plant*, plant product*, biological control organism*, noxious weed*, article*, or means of conveyance*, if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into the United States or the dissemination of a plant pest* or noxious weed within the United States.
The Secretary shall ensure that processes used in developing regulations under this section governing consideration of import* requests are based on sound science and are transparent and accessible.
The Secretary may issue regulations to implement subsection (a), including regulations requiring that any plant, plant product, biological control organism, noxious weed, article, or means of conveyance imported, entered, to be exported, or moved in interstate* commerce—
be accompanied by a permit* issued by the Secretary prior to the importation, entry, exportation, or movement in interstate commerce;
be accompanied by a certificate of inspection issued (in a manner and form required by the Secretary) by appropriate officials of the country or State* from which the plant, plant product, biological control organism, noxious weed, article, or means of conveyance is to be moved;
be subject to remedial measures the Secretary determines to be necessary to prevent the spread of plant pests or noxious weeds; and
with respect to plants or biological control organisms, be grown or handled under post-entry quarantine conditions by or under the supervision of the Secretary for the purposes of determining whether the plant or biological control organism may be infested with plant pests or may be a plant pest or noxious weed.
Not later than 1 year after June 20, 2000, the Secretary shall publish for public comment a notice describing the procedures and standards that govern the consideration of import requests. The notice shall—
specify how public input will be sought in advance of and during the process of promulgating regulations necessitating a risk assessment in order to ensure a fully transparent and publicly accessible process; and
include consideration of the following:
Public announcement of import requests that will necessitate a risk assessment.
A process for assigning major/nonroutine or minor/routine status to such requests based on current state of supporting scientific information.
A process for assigning priority to requests.
Guidelines for seeking relevant scientific and economic information in advance of initiating informal rulemaking.
Guidelines for ensuring availability and transparency of assumptions and uncertainties in the risk assessment process including applicable risk mitigation measures relied upon individually or as components of a system of mitigative measures proposed consistent with the purposes of this chapter.
The Secretary shall conduct a study of the role for and application of systems approaches designed to guard against the introduction of plant pathogens into the United States associated with proposals to import plants or plant products into the United States.
In conducting the study the Secretary shall ensure participation by scientists from State departments of agriculture, colleges and universities, the private sector, and the Agricultural Research Service.
Not later than 2 years after June 20, 2000, the Secretary shall submit a report on the results of the study conducted under this section to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives.
In the case of noxious weeds, the Secretary may publish, by regulation, a list of noxious weeds that are prohibited or restricted from entering the United States or that are subject to restrictions on interstate movement within the United States.
Any person* may petition the Secretary to add a plant species to, or remove a plant species from, the regulations issued by the Secretary under this subsection.
In the case of a petition submitted under paragraph (2), the Secretary shall act on the petition within a reasonable time and notify the petitioner of the final action the Secretary takes on the petition. The Secretary’s determination on the petition shall be based on sound science.
In the case of biological control organisms, the Secretary may publish, by regulation, a list of organisms whose movement in interstate commerce is not prohibited or restricted. Any listing may take into account distinctions between organisms such as indigenous, nonindigenous, newly introduced, or commercially raised.
Any person may petition the Secretary to add a biological control organism to, or remove a biological control organism from, the regulations issued by the Secretary under this subsection.
In the case of a petition submitted under paragraph (2), the Secretary shall act on the petition within a reasonable time and notify the petitioner of the final action the Secretary takes on the petition. The Secretary’s determination on the petition shall be based on sound science.
Source credit: (Pub. L. 106–224, title IV, § 412, June 20, 2000, 114 Stat. 441.)
- 2000Enacted · Pub. L. 106-224 · 114 Stat. 441
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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