
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: 7USC7731]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 104--PLANT PROTECTION
 
                SUBCHAPTER II--INSPECTION AND ENFORCEMENT
 
Sec. 7731. Inspections, seizures, and warrants


(a) Role of Attorney General

    The activities authorized by this section shall be carried out 
consistent with guidelines approved by the Attorney General.

(b) Warrantless inspections

    The Secretary may stop and inspect, without a warrant, any person or 
means of conveyance moving--
        (1) into the United States to determine whether the person or 
    means of conveyance is carrying any plant, plant product, biological 
    control organism, plant pest, noxious weed, or article subject to 
    this chapter;
        (2) in interstate commerce, upon probable cause to believe that 
    the person or means of conveyance is carrying any plant, plant 
    product, biological control organism, plant pest, noxious weed, or 
    article subject to this chapter; and
        (3) in intrastate commerce from or within any State, portion of 
    a State, or premises quarantined as part of a extraordinary 
    emergency declared under section 7715 of this title upon probable 
    cause to believe that the person or means of conveyance is carrying 
    any plant, plant product, biological control organism, plant pest, 
    noxious weed, or article regulated under that section or is moving 
    subject to that section.

                   (c) Inspections with a warrant

                        (1) General authority

        The Secretary may enter, with a warrant, any premises in the 
    United States for the purpose of conducting investigations or making 
    inspections and seizures under this chapter.

              (2) Application and issuance of a warrant

        Upon proper oath or affirmation showing probable cause to 
    believe that there is on certain premises any plant, plant product, 
    biological control organism, plant pest, noxious weed, article, 
    facility, or means of conveyance regulated under this chapter, a 
    United States judge, a judge of a court of record in the United 
    States, or a United States magistrate judge may, within the judge's 
    or magistrate's \1\ jurisdiction, issue a warrant for the entry upon 
    the premises to conduct any investigation or make any inspection or 
    seizure under this chapter. The warrant may be applied for and 
    executed by the Secretary or any United States Marshal.
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    \1\ So in original. Probably should be ``magistrate judges's''.
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(Pub. L. 106-224, title IV, Sec. 421, June 20, 2000, 114 Stat. 448.)

                       References in Text

    This chapter, referred to in subsecs. (b)(1), (2) and (c), 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.
