
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: 7USC7760]

 
                          TITLE 7--AGRICULTURE
 
                      CHAPTER 104--PLANT PROTECTION
 
                SUBCHAPTER III--MISCELLANEOUS PROVISIONS
 
Sec. 7760. State terminal inspection; transmission of mailed 
        packages for State inspection; nonmailable matter; punishment 
        for violations; rules and regulations by United States Postal 
        Service
        
    When any State shall provide for terminal inspection of plants and 
plant products, and shall establish and maintain, at the sole expense of 
the State, such inspection at one or more places therein, the proper 
officials of said State may submit to the Secretary of Agriculture a 
list of plants and plant products and the plant pests transmitted 
thereby, that in the opinion of said officials should be subject to 
terminal inspection in order to prevent the introduction or 
dissemination in said State of pests injurious to agriculture. Upon his 
approval of said list, in whole or in part, the Secretary of Agriculture 
shall transmit the same to the United States Postal Service, and 
thereafter all packages containing any plants or plant products named in 
said approved lists shall, upon payment of postage therefor, be 
forwarded by the postmaster at the destination of said package to the 
proper State official at the nearest place where inspection is 
maintained. If the plants or plant products (including seed) are found 
upon inspection to be free from injurious pests and not in violation of 
a plant-quarantine law or plant-quarantine regulation of the United 
States Department of Agriculture or of the State of destination 
pertaining to such injurious pests, or if infected shall be disinfected 
by said official, they shall upon payment of postage therefor be 
returned to the postmaster at the place of inspection to be forward \1\ 
to the person to whom they are addressed; but if found to be infected 
with injurious pests and incapable of satisfactory disinfection or in 
violation of a plant-quarantine law or plant-quarantine regulation of 
the United States Department of Agriculture or of the State of 
destination pertaining to such injurious pests, the State inspector 
shall so notify the postmaster at the place of inspection who shall 
promptly notify the sender of said plants or plant products that they 
will be returned to him upon his request and at his expense, or in 
default of such request that they will be turned over to the State 
authorities for destruction.
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    \1\ So in original.
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    It shall be unlawful for any person, firm, or corporation to deposit 
in the United States mails any package containing any plant or plant 
product addressed to any place within a State maintaining inspection 
thereof, as herein defined, without plainly marking the package so that 
its contents may be readily ascertained by an inspection of the outside 
thereof. Whoever shall fail to so mark said packages shall be punished 
by a fine of not more than $100.
    The United States Postal Service is authorized and directed to make 
all needful rules and regulations for carrying out the purposes hereof.

(Mar. 4, 1915, ch. 144, 38 Stat. 1113; June 4, 1936, ch. 495, 49 Stat. 
1461; Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773.)

                          Codification

    Section was formerly classified to section 166 of this title.
    Section was enacted as part of the Agricultural Appropriation Act, 
1916, and not as part of the Plant Protection Act which comprises this 
chapter.


                               Amendments

    1936--Act June 4, 1936, amended last sentence of first par. by 
changing introductory word ``plant'' to ``plants'', inserting 
``(including seed)'', ``and not in violation of a plant-quarantine law 
or plant-quarantine regulation of the United States Department of 
Agriculture or of the State of destination pertaining to such injurious 
pests'', ``or in violation of a plant-quarantine law or plant-quarantine 
regulation of the United States Department of Agriculture or of the 
State of destination pertaining to such injurious pests,'' and striking 
out the comma after ``place of inspection''.


                               Short Title

    This section is popularly known as the ``Terminal Inspection Act.''

                          Transfer of Functions

    In first and third pars., ``United States Postal Service'' 
substituted for ``Postmaster General'' pursuant to Pub. L. 91-375, 
Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 
201 of Title 39, Postal Service, which abolished office of Postmaster 
General of Post Office Department and transferred its functions to 
United States Postal Service.
    Functions of all officers, agencies, and employees of Department of 
Agriculture transferred, with certain exceptions, to Secretary of 
Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff. June 4, 1953, 18 
F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this 
title.
