                        TITLE 19--CUSTOMS DUTIES
 
                CHAPTER 13--TRADE AGREEMENTS ACT OF 1979
 
         SUBCHAPTER II--TECHNICAL BARRIERS TO TRADE (STANDARDS)
 
   Part E--Standards and Measures Under the North American Free Trade 
                                Agreement
 
             subpart 1--sanitary and phytosanitary measures
 
Sec. 2575b. Subpart definitions

    Notwithstanding section 2571 of this title, for purposes of this 
subpart--

                             (1) Animal

        The term ``animal'' includes fish, bees, and wild fauna.

                       (2) Approval procedure

        The term ``approval procedure'' means any registration, 
    notification, or other mandatory administrative procedure for--
            (A) approving the use of an additive for a stated purpose or 
        under stated conditions, or
            (B) establishing a tolerance for a stated purpose or under 
        stated conditions for a contaminant,

    in a food, beverage, or feedstuff prior to permitting the use of the 
    additive or the marketing of a food, beverage, or feedstuff 
    containing the additive or contaminant.

                           (3) Contaminant

        The term ``contaminant'' includes pesticide and veterinary drug 
    residues and extraneous matter.

                 (4) Control or inspection procedure

        The term ``control or inspection procedure'' means any procedure 
    used, directly or indirectly, to determine that a sanitary or 
    phytosanitary measure is fulfilled, including sampling, testing, 
    inspection, evaluation, verification, monitoring, auditing, 
    assurance of conformity, accreditation, registration, certification, 
    or other procedure involving the physical examination of a good, of 
    the packaging of a good, or of the equipment or facilities directly 
    related to production, marketing, or use of a good, but does not 
    mean an approval procedure.

                              (5) Plant

        The term ``plant'' includes wild flora.

                         (6) Risk assessment

        The term ``risk assessment'' means an evaluation of--
            (A) the potential for the introduction, establishment or 
        spread of a pest or disease and associated biological and 
        economic consequences; or
            (B) the potential for adverse effects on human or animal 
        life or health arising from the presence of an additive, 
        contaminant, toxin or disease-causing organism in a food, 
        beverage, or feedstuff.

                (7) Sanitary or phytosanitary measure

        (A) In general

            The term ``sanitary or phytosanitary measure'' means a 
        measure to--
                (i) protect animal or plant life or health in the United 
            States from risks arising from the introduction, 
            establishment, or spread of a pest or disease;
                (ii) protect human or animal life or health in the 
            United States from risks arising from the presence of an 
            additive, contaminant, toxin, or disease-causing organism in 
            a food, beverage, or feedstuff;
                (iii) protect human life or health in the United States 
            from risks arising from a disease-causing organism or pest 
            carried by an animal or plant, or a product thereof; or
                (iv) prevent or limit other damage in the United States 
            arising from the introduction, establishment, or spread of a 
            pest.

        (B) Form

            The form of a sanitary or phytosanitary measure includes--
                (i) end product criteria;
                (ii) a product-related processing or production method;
                (iii) a testing, inspection, certification, or approval 
            procedure;
                (iv) a relevant statistical method;
                (v) a sampling procedure;
                (vi) a method of risk assessment;
                (vii) a packaging and labeling requirement directly 
            related to food safety; and
                (viii) a quarantine treatment, such as a relevant 
            requirement associated with the transportation of animals or 
            plants or with material necessary for their survival during 
            transportation.

(Pub. L. 96-39, title IV, Sec. 463, as added Pub. L. 103-182, title III, 
Sec. 351(a), Dec. 8, 1993, 107 Stat. 2119.)

                  Section Referred to in Other Sections

    This section is referred to in sections 2544, 2578b of this title.
