
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7711]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 104--PLANT PROTECTION
 
                     SUBCHAPTER I--PLANT PROTECTION
 
Sec. 7711. Regulation of movement of plant pests


(a) Prohibition of unauthorized movement of plant pests

    Except as provided in subsection (c) of this section, no person 
shall import, enter, export, or move in interstate commerce any plant 
pest, unless the importation, entry, exportation, or movement is 
authorized under general or specific permit and is in accordance with 
such regulations as the Secretary may issue to prevent the introduction 
of plant pests into the United States or the dissemination of plant 
pests within the United States.

(b) Requirements for processes

    The Secretary shall ensure that the processes used in developing 
regulations under subsection (a) of this section governing consideration 
of import requests are based on sound science and are transparent and 
accessible.

(c) Authorization of movement of plant pests by regulation

                 (1) Exception to permit requirement

        The Secretary may issue regulations to allow the importation, 
    entry, exportation, or movement in interstate commerce of specified 
    plant pests without further restriction if the Secretary finds that 
    a permit under subsection (a) of this section is not necessary.

      (2) Petition to add or remove plant pests from regulation

        Any person may petition the Secretary to add a plant pest to, or 
    remove a plant pest from, the regulations issued by the Secretary 
    under paragraph (1).

              (3) Response to petition by the Secretary

        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.

(d) Prohibition of unauthorized mailing of plant pests

                           (1) In general

        Any letter, parcel, box, or other package containing any plant 
    pest, whether sealed as letter-rate postal matter or not, is 
    nonmailable and shall not knowingly be conveyed in the mail or 
    delivered from any post office or by any mail carrier, unless the 
    letter, parcel, box, or other package is mailed in compliance with 
    such regulations as the Secretary may issue to prevent the 
    dissemination of plant pests into the United States or interstate.

           (2) Application of postal laws and regulations

        Nothing in this subsection authorizes any person to open any 
    mailed letter or other mailed sealed matter except in accordance 
    with the postal laws and regulations.

(e) Regulations

    Regulations issued by the Secretary to implement subsections (a), 
(c), and (d) of this section may include provisions requiring that any 
plant pest imported, entered, to be exported, moved in interstate 
commerce, mailed, or delivered from any post office--
        (1) be accompanied by a permit issued by the Secretary prior to 
    the importation, entry, exportation, movement in interstate 
    commerce, mailing, or delivery of the plant pest;
        (2) 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 pest is to be moved;
        (3) be raised under post-entry quarantine conditions by or under 
    the supervision of the Secretary for the purposes of determining 
    whether the plant pest--
            (A) may be infested with other plant pests;
            (B) may pose a significant risk of causing injury to, damage 
        to, or disease in any plant or plant product; or
            (C) may be a noxious weed; and

        (4) be subject to remedial measures the Secretary determines to 
    be necessary to prevent the spread of plant pests.

(Pub. L. 106-224, title IV, Sec. 411, June 20, 2000, 114 Stat. 440.)

                  Section Referred to in Other Sections

    This section is referred to in section 7713 of this title.
