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7 U.S.C. § 7713 — Notification and holding requirements upon arrival

submitted 26 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 464 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires Treasury to notify Agriculture about covered items arriving at ports and hold them until inspection or release. It also requires responsible parties to provide arrival information and prohibits moving items without authorization.

(a) Treasury’s duties. (1) Notification. Treasury must promptly notify Agriculture when a plant, plant product, biological control organism, plant pest, or noxious weed arrives at a port of entry. (2) Holding. Treasury must hold the item there until it is inspected and authorized for entry or transit through the United States, or Agriculture otherwise releases it. (3) Exception. These duties do not apply to items imported from a country or region that Agriculture designates by regulation as exempt.

(b) Responsible parties. (1) The person responsible for a plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance requiring a permit under section 7711 or 7712 must give the notice in paragraph (3) as soon as possible after arrival and before movement from the port. (2) The notice goes to the Secretary, the proper official of the destination State at the Secretary’s direction, or both, as prescribed. (3) It must state (A) the consignee’s name and address, (B) the item’s nature and quantity, and (C) the country and locality where it was grown, produced, or located.

(c) No movement without authorization. No person may move an imported covered item from a port or interstate unless it has been inspected and authorized for entry or transit, or the Secretary otherwise released it.

the actual law source: uscode.house.gov ↗public domain
(a) Duty of Secretary of the Treasury
(1) Notification

The Secretary of the Treasury shall promptly notify the Secretary of Agriculture of the arrival of any plant, plant product, biological control organism, plant pest, or noxious weed at a port of entry.

(2) Holding

The Secretary of the Treasury shall hold a plant, plant product, biological control organism, plant pest, or noxious weed for which notification is made under paragraph (1) at the port of entry until the plant, plant product, biological control organism, plant pest, or noxious weed—

(A)

is inspected and authorized for entry into or transit movement through the United States; or

(B)

is otherwise released by the Secretary of Agriculture.

(3) Exceptions

Paragraphs (1) and (2) shall not apply to any plant, plant product, biological control organism, plant pest, or noxious weed that is imported from a country or region of a country designated by the Secretary of Agriculture, pursuant to regulations, as exempt from the requirements of such paragraphs.

(b) Duty of responsible parties
(1) Notification

The person responsible for any plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance required to have a permit under section 7711 or 7712 of this title shall provide the notification described in paragraph (3) as soon as possible after the arrival of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance at a port of entry and before the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance is moved from the port of entry.

(2) Submission

The notification shall be provided to the Secretary, or, at the Secretary’s direction, to the proper official of the State to which the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance is destined, or both, as the Secretary may prescribe.

(3) Elements of notification

The notification shall consist of the following:

(A)

The name and address of the consignee.

(B)

The nature and quantity of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance proposed to be moved.

(C)

The country and locality where the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance was grown, produced, or located.

(c) Prohibition on movement of items without authorization

No person shall move from a port of entry or interstate any imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance unless the imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance—

(1)

is inspected and authorized for entry into or transit movement through the United States; or

(2)

is otherwise released by the Secretary.

Source credit: (Pub. L. 106–224, title IV, § 413, June 20, 2000, 114 Stat. 443.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-224 · 114 Stat. 443

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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