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7 U.S.C. § 8914Agriculture and food defense

submitted 8 years ago by Pub. L. 115-334 to r/title-7-AGRICULTURE · 1,293 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Department of Agriculture must build a system to identify and respond to serious plant and animal diseases and pests, including a formal list of "diseases or pests of concern" and detailed response plans at the federal and state level. It must also create a National Plant Diagnostic Network to detect plant health threats and a National Plant Disease Recovery System to plan long-term recovery from severe plant diseases. The section defines the key terms used throughout and authorizes funding for the diagnostic network through 2023.

(a) Definitions — This subsection defines terms used in the section: "animal" and "pest" borrow meanings from other listed sections; a "disease or pest of concern" is a transboundary or established disease or pest likely to seriously threaten the food and agriculture system enough to justify prevention, protection, mitigation, response, and recovery efforts; an "established disease" is one that either threatens to become established in the U.S. or already has, as the Secretary defines it, and needs ongoing management; a "high-consequence plant transboundary disease" is a plant disease or pest from outside the U.S. that the Secretary decides is especially serious; "plant" borrows its meaning from another section; a "plant health management strategy" is a plan to control and wipe out a plant disease or pest outbreak, such as through chemical control, surveillance, diagnostic tools, and existing resistant seeds; a "transboundary disease" is a plant or animal disease or pest found in one or more other countries, including ones that started or arrived in the U.S.; and "veterinary countermeasure" borrows its meaning from another section. (b) Disease or Pest of Concern Response Planning (1) The Secretary must (A) create a list of diseases or pests of concern by building a process to gather expert opinions and evidence, and reviewing all available evidence — including classified information — and (B) update that list regularly. (2) Response plans: (A) The Secretary, working with federal, state, regional, and local officials, must develop one or more comprehensive strategic response plans for the listed diseases or pests. (B) The Secretary must give states or regions information to help them create their own response plan — describing, as appropriate, (i) how federal, state, tribal, and local governments and industry partners should interact and what roles they play, (ii) decision-making tools covering when to use veterinary countermeasures, plant health strategies, key resources, and when to shift from responding to an outbreak to managing an ongoing disease, (iii) performance measures to track readiness, run practice exercises, and keep improving the plan over time (including guiding future research), and (iv) regular updates based on exercises or new risk information. (3) The Secretary must help coordinate exercising these plans with other federal, state, regional, or local officials, as described in a related section. (c) National Plant Diagnostic Network (1) The Secretary must create a National Plant Diagnostic Network within USDA to monitor and diagnose plant health threats from diseases or pests of concern. (2) This Network must: (A) improve awareness, surveillance, quick identification, communication, warning, and diagnosis of plant health threats; (B) coordinate with USDA agencies and state agencies working on plant health; (C) set diagnostic lab standards; (D) create regional hubs across the country to support diagnostic labs for their region's crops and plants; and (E) build a national record-keeping system for existing and newly emerging diseases and pests. (3) Head of network: (A) The Director of the National Institute of Food and Agriculture leads the Network. (B) That head must (i) coordinate with land-grant colleges and universities to carry out the Network's requirements, including through cooperative agreements, (ii) partner with the Animal and Plant Health Inspection Service on plant health regulation and inspection, and (iii) coordinate with other federal agencies, including sharing surveillance information. (4) The Secretary must try to set up cooperative agreements with land-grant colleges and universities that have the right skills and experience with plant diseases and pests of concern. (5) In addition to funding authorized elsewhere, Congress authorized $15,000,000 for each fiscal year from 2019 through 2023 for this Network. (d) National Plant Disease Recovery System (1) The Secretary must create a National Plant Disease Recovery System within USDA to do long-range strategic planning for recovering from serious plant diseases that come from outside the U.S. (2) This System must: (A) coordinate with the response plans for diseases or pests of concern; (B) make long-range plans to start future research on high-consequence plant transboundary diseases; (C) build research plans for long-term recovery; (D) plan to identify and use disease-resistant genetic material — specific genotypes, cultivars, breeding lines, and similar resources — to stabilize or improve crops; and (E) keep a watch list of high-consequence plant transboundary diseases to guide the long-range research plans in (B).
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Animal

The term “animal” has the meaning given the term in section 8302 of this title.

(2) Disease or pest of concern

The term “disease or pest of concern” means a plant or animal disease or pest that—

(A)

is—

(i)

a transboundary disease; or

(ii)

an established disease; and

(B)

is likely to pose a significant risk to the food and agriculture critical infrastructure sector that warrants efforts at prevention, protection, mitigation, response, and recovery.

(3) Established disease

The term “established disease” means a plant or animal disease or pest that—

(A)
(i)

if it becomes established, poses an imminent threat to agriculture in the United States; or

(ii)

has become established, as defined by the Secretary, within the United States; and

(B)

requires management.

(4) High-consequence plant transboundary disease

The term “high-consequence plant transboundary disease” means a transboundary disease that is—

(A)
(i)

a plant disease; or

(ii)

a plant pest; and

(B)

of high consequence, as determined by the Secretary.

(5) Pest

The term “pest”—

(A)

with respect to a plant, has the meaning given the term “plant pest” in section 7702 of this title; and

(B)

with respect to an animal, has the meaning given the term in section 8302 of this title.

(6) Plant

The term “plant” has the meaning given the term in section 7702 of this title.

(7) Plant health management strategy

The term “plant health management strategy” means a strategy to timely control and eradicate a plant disease or plant pest outbreak, including through mitigation (such as chemical control), surveillance, the use of diagnostic products and procedures, and the use of existing resistant seed stock.

(8) Transboundary disease
(A) In general

The term “transboundary disease” means a plant or animal disease or pest that is within 1 or more countries outside of the United States.

(B) Inclusion

The term “transboundary disease” includes a plant or animal disease or pest described in subparagraph (A) that—

(i)

has emerged within the United States; or

(ii)

has been introduced within the United States.

(9) Veterinary countermeasure

The term “veterinary countermeasure” has the meaning given such term in section 8302 of this title.

(b) Disease or Pest of Concern Response Planning
(1) In general

The Secretary shall—

(A)

establish a list of diseases or pests of concern by—

(i)

developing a process to solicit and receive expert opinion and evidence relating to the diseases or pests of concern entered on the list; and

(ii)

reviewing all available evidence relating to the diseases or pests of concern entered on the list, including classified information; and

(B)

periodically update the list established under subparagraph (A).

(2) Response plans
(A) Comprehensive strategic response plan or plans

The Secretary shall develop, in collaboration with appropriate Federal, State, regional, and local officials, a comprehensive strategic response plan or plans, as appropriate, for the diseases or pests of concern that are entered on the list established under paragraph (1).

(B) State or region response plan or plans

The Secretary shall provide information to a State or region to assist in producing a response plan or plans that shall include a concept of operations for a disease or pest of concern or a platform concept of operations for responses to similar diseases or pests of concern that are determined to be a priority to the State or region that shall, as appropriate—

(i)

describe the appropriate interactions among, and roles of—

(I)

Federal, State, Tribal, and units of local government; and

(II)

plant or animal industry partners;

(ii)

include a decision matrix or dynamic decision modeling tools that, as appropriate, include—

(I)

information and timing requirements necessary for the use of veterinary countermeasures;

(II)

plant health management strategies;

(III)

deployment of other key materials and resources; and

(IV)

parameters for transitioning from outbreak response to disease management;

(iii)

identify key response performance metrics to establish—

(I)

benchmarking to provide assessments of capabilities, capacity, and readiness to achieve response goals and objectives;

(II)

progressive exercise evaluation; and

(III)

continuing improvement of a response plan, including by providing for—

(aa)

ongoing exercises;

(bb)

improvement planning and the implementation of corrective actions to enhance a response plan over time; and

(cc)

strategic information to guide investment in any appropriate research to mitigate the risk of a disease or pest of concern; and

(iv)

be updated periodically, including in response to—

(I)

an exercise evaluation; or

(II)

new risk information becoming available regarding a disease or pest of concern.

(3) Coordination of plans

Pursuant to section 6922(d)(6) of this title, as added by section 12202, the Secretary shall, as appropriate, assist in coordinating with other appropriate Federal, State, regional, or local officials in the exercising of the plans developed under paragraph (2).

(c) National Plant Diagnostic Network
(1) In general

The Secretary shall establish in the Department of Agriculture a National Plant Diagnostic Network to monitor and surveil through diagnostics threats to plant health from diseases or pests of concern in the United States.

(2) Requirements

The National Plant Diagnostic Network established under paragraph (1) shall—

(A)

provide for increased awareness, surveillance, early identification, rapid communication, warning, and diagnosis of a threat to plant health from a disease or pest of concern to protect natural and agricultural plant resources;

(B)

coordinate and collaborate with agencies of the Department of Agriculture and State agencies and authorities involved in plant health;

(C)

establish diagnostic laboratory standards;

(D)

establish regional hubs throughout the United States that provide expertise, leadership, and support to diagnostic labs relating to the agricultural crops and plants in the covered regions of those hubs; and

(E)

establish a national repository for records of endemic or emergent diseases and pests of concern.

(3) Head of network
(A) In general

The Director of the National Institute of Food and Agriculture shall serve as the head of the National Plant Diagnostic Network.

(B) Duties

The head of the National Plant Diagnostic Network shall—

(i)

coordinate and collaborate with land-grant colleges and universities (as defined in section 3103 of this title) in carrying out the requirements under paragraph (2), including through cooperative agreements described in paragraph (4);

(ii)

partner with the Administrator of the Animal and Plant Health Inspection Service for assistance with plant health regulation and inspection; and

(iii)

coordinate with other Federal agencies, as appropriate, in carrying out activities relating to the National Plant Diagnostic Network, including the sharing of biosurveillance information.

(4) Collaboration with land-grant colleges and universities

The Secretary shall seek to establish cooperative agreements with land-grant colleges and universities (as defined in section 3103 of this title) that have the appropriate level of skill, experience, and competence with plant diseases or pests of concern.

(5) Authorization of appropriations

In addition to the amount authorized to carry out this subtitle under section 12205,1 there is authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2019 through 2023.

(d) National Plant Disease Recovery System
(1) Recovery System

The Secretary shall establish in the Department of Agriculture a National Plant Disease Recovery System to engage in strategic long-range planning to recover from high-consequence plant transboundary diseases.

(2) Requirements

The National Plant Disease Recovery System established under paragraph (1) shall—

(A)

coordinate with disease or pest of concern concept of operations response plans;

(B)

make long-range plans for the initiation of future research projects relating to high-consequence plant transboundary diseases;

(C)

establish research plans for long-term recovery;

(D)

plan for the identification and use of specific genotypes, cultivars, breeding lines, and other disease-resistant materials necessary for crop stabilization or improvement; and

(E)

establish a watch list of high-consequence plant transboundary diseases for the purpose of making long-range plans under subparagraph (B).

Source credit: (Pub. L. 115–334, title XII, § 12203, Dec. 20, 2018, 132 Stat. 4946.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-334 · 132 Stat. 4946

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-334 on 2018-12-20.

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