
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7712]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 104--PLANT PROTECTION
 
                     SUBCHAPTER I--PLANT PROTECTION
 
Sec. 7712. Regulation of movement of plants, plant products, 
        biological control organisms, noxious weeds, articles, and means 
        of conveyance
        

(a) In general

    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.

(b) Policy

    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.

(c) Regulations

    The Secretary may issue regulations to implement subsection (a) of 
this section, 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--
        (1) be accompanied by a permit issued by the Secretary prior to 
    the importation, entry, exportation, or movement in interstate 
    commerce;
        (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, plant product, 
    biological control organism, noxious weed, article, or means of 
    conveyance is to be moved;
        (3) be subject to remedial measures the Secretary determines to 
    be necessary to prevent the spread of plant pests or noxious weeds; 
    and
        (4) 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.

(d) Notice

    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--
        (1) 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
        (2) include consideration of the following:
            (A) Public announcement of import requests that will 
        necessitate a risk assessment.
            (B) A process for assigning major/nonroutine or minor/
        routine status to such requests based on current state of 
        supporting scientific information.
            (C) A process for assigning priority to requests.
            (D) Guidelines for seeking relevant scientific and economic 
        information in advance of initiating informal rulemaking.
            (E) 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.

(e) Study and report on systems approach

                              (1) Study

        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.

                   (2) Participation by scientists

        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.

                             (3) Report

        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.

(f) Noxious weeds

                           (1) Regulations

        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.

        (2) Petition to add or remove plants from regulation

        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.

                     (3) Duties of 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.

(g) Biological control organisms

                           (1) Regulations

        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.

     (2) Petition to add or remove biological control organisms 
                            from the regulations

        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.

                     (3) Duties of 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.

(Pub. L. 106-224, title IV, Sec. 412, June 20, 2000, 114 Stat. 441.)

                       References in Text

    This chapter, referred to in subsec. (d)(2)(E), was in the original 
``this title'', meaning title IV of Pub. L. 106-224, June 20, 2000, 114 
Stat. 438, which is classified principally to this chapter. For complete 
classification of title IV to the Code, see Short Title note set out 
under section 7701 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 7702, 7713 of this title.
