
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: 7USC7714]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 104--PLANT PROTECTION
 
                     SUBCHAPTER I--PLANT PROTECTION
 
Sec. 7714. General remedial measures for new plant pests and 
        noxious weeds
        

(a) Authority to hold, treat, or destroy items

    If the Secretary considers it necessary in order to prevent the 
dissemination of a plant pest or noxious weed that is new to or not 
known to be widely prevalent or distributed within and throughout the 
United States, the Secretary may hold, seize, quarantine, treat, apply 
other remedial measures to, destroy, or otherwise dispose of any plant, 
plant pest, noxious weed, biological control organism, plant product, 
article, or means of conveyance that--
        (1) is moving into or through the United States or interstate, 
    or has moved into or through the United States or interstate, and--
            (A) the Secretary has reason to believe is a plant pest or 
        noxious weed or is infested with a plant pest or noxious weed at 
        the time of the movement; or
            (B) is or has been otherwise in violation of this chapter;

        (2) has not been maintained in compliance with a post-entry 
    quarantine requirement; or
        (3) is the progeny of any plant, biological control organism, 
    plant product, plant pest, or noxious weed that is moving into or 
    through the United States or interstate, or has moved into the 
    United States or interstate, in violation of this chapter.

(b) Authority to order an owner to treat or destroy

                           (1) In general

        The Secretary may order the owner of any plant, biological 
    control organism, plant product, plant pest, noxious weed, article, 
    or means of conveyance subject to action under subsection (a) of 
    this section, or the owner's agent, to treat, apply other remedial 
    measures to, destroy, or otherwise dispose of the plant, biological 
    control organism, plant product, plant pest, noxious weed, article, 
    or means of conveyance, without cost to the Federal Government and 
    in the manner the Secretary considers appropriate.

                        (2) Failure to comply

        If the owner or agent of the owner fails to comply with the 
    Secretary's order under this subsection, the Secretary may take an 
    action authorized by subsection (a) of this section and recover from 
    the owner or agent of the owner the costs of any care, handling, 
    application of remedial measures, or disposal incurred by the 
    Secretary in connection with actions taken under subsection (a) of 
    this section.

(c) Classification system

                      (1) Development required

        To facilitate control of noxious weeds, the Secretary may 
    develop a classification system to describe the status and action 
    levels for noxious weeds. The classification system may include the 
    current geographic distribution, relative threat, and actions 
    initiated to prevent introduction or distribution.

                        (2) Management plans

        In conjunction with the classification system, the Secretary may 
    develop integrated management plans for noxious weeds for the 
    geographic region or ecological range where the noxious weed is 
    found in the United States.

(d) Application of least drastic action

    No plant, biological control organism, plant product, plant pest, 
noxious weed, article, or means of conveyance shall be destroyed, 
exported, or returned to the shipping point of origin, or ordered to be 
destroyed, exported, or returned to the shipping point of origin under 
this section unless, in the opinion of the Secretary, there is no less 
drastic action that is feasible and that would be adequate to prevent 
the dissemination of any plant pest or noxious weed new to or not known 
to be widely prevalent or distributed within and throughout the United 
States.

(Pub. L. 106-224, title IV, Sec. 414, June 20, 2000, 114 Stat. 444.)

                  Section Referred to in Other Sections

    This section is referred to in section 7716 of this title.
