7 U.S. Code § 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 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 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 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.

Source

(Pub. L. 106–224, title IV, § 414,June 20, 2000, 114 Stat. 444; Pub. L. 107–171, title X, § 10418(b)(1),May 13, 2002, 116 Stat. 508.)
Amendments

2002—Subsec. (b)(1). Pub. L. 107–171, § 10418(b)(1)(A), struck out “, or the owner’s agent,” after “subsection (a) of this section”.
Subsec. (b)(2). Pub. L. 107–171, § 10418(b)(1)(B), struck out “or agent of the owner” after “the owner” in two places.
Transfer of Functions

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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7 CFR - Agriculture

7 CFR Part 300 - INCORPORATION BY REFERENCE

7 CFR Part 301 - DOMESTIC QUARANTINE NOTICES

7 CFR Part 302 - DISTRICT OF COLUMBIA; MOVEMENT OF PLANTS AND PLANT PRODUCTS

7 CFR Part 305 - PHYTOSANITARY TREATMENTS

7 CFR Part 318 - STATE OF HAWAII AND TERRITORIES QUARANTINE NOTICES

7 CFR Part 319 - FOREIGN QUARANTINE NOTICES

7 CFR Part 322 - BEES, BEEKEEPING BYPRODUCTS, AND BEEKEEPING EQUIPMENT

7 CFR Part 330 - FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE

7 CFR Part 340 - INTRODUCTION OF ORGANISMS AND PRODUCTS ALTERED OR PRODUCED THROUGH GENETIC ENGINEERING WHICH ARE PLANT PESTS OR WHICH THERE IS REASON TO BELIEVE ARE PLANT PESTS

7 CFR Part 351 - IMPORTATION OF PLANTS OR PLANT PRODUCTS BY MAIL

7 CFR Part 352 - PLANT QUARANTINE SAFEGUARD REGULATIONS

7 CFR Part 353 - EXPORT CERTIFICATION

7 CFR Part 354 - OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES

7 CFR Part 360 - NOXIOUS WEED REGULATIONS

7 CFR Part 380 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

9 CFR - Animals and Animal Products

9 CFR Part 94 - RINDERPEST, FOOT-AND-MOUTH DISEASE, EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS

 

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