7 USC § 8307 - Inspections, seizures, and warrants | Title 7 - Agriculture | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(a) Guidelines

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 animal or article regulated under this chapter;

(2) in interstate commerce, on probable cause to believe that the person or means of conveyance is carrying any animal or article regulated under this chapter; or

(3) in intrastate commerce from any State, or any portion of a State, quarantined under section 8306 (b) of this title, on probable cause to believe that the person or means of conveyance is carrying any animal or article quarantined under section 8306 (b) of this title.

(c) Inspections with warrants

(1) In general

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

(2) Application and issuance of warrants

(A) In general

On proper oath or affirmation showing probable cause to believe that there is on certain premises any animal, 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 issue a warrant for the entry on premises within the jurisdiction of the judge or magistrate to make any inspection or seizure under this chapter.

(B) Execution

The warrant may be applied for and executed by the Secretary or any United States marshal.

prev | next

(a) Guidelines

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 animal or article regulated under this chapter;

(2) in interstate commerce, on probable cause to believe that the person or means of conveyance is carrying any animal or article regulated under this chapter; or

(3) in intrastate commerce from any State, or any portion of a State, quarantined under section 8306 (b) of this title, on probable cause to believe that the person or means of conveyance is carrying any animal or article quarantined under section 8306 (b) of this title.

(c) Inspections with warrants

(1) In general

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

(2) Application and issuance of warrants

(A) In general

On proper oath or affirmation showing probable cause to believe that there is on certain premises any animal, 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 issue a warrant for the entry on premises within the jurisdiction of the judge or magistrate to make any inspection or seizure under this chapter.

(B) Execution

The warrant may be applied for and executed by the Secretary or any United States marshal.

Source

(Pub. L. 107–171, title X, § 10408,May 13, 2002, 116 Stat. 500.)

References in Text

This chapter, referred to in subsecs. (b) and (c), was in the original “this subtitle”, meaning subtitle E (§§ 10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables.

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.

Preclearance Quarantine Inspections

Pub. L. 107–171, title X, § 10811,May 13, 2002, 116 Stat. 531, provided that:

“(a) Preclearance Inspections Required.—The Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall conduct preclearance quarantine inspections of persons, baggage, cargo, and any other articles destined for movement from the State of Hawaii to any of the following—

“(1) The continental United States.

“(2) Guam.

“(3) Puerto Rico.

“(4) The United States Virgin Islands.

“(b) Inspection Locations.—The preclearance quarantine inspections required by subsection (a) shall be conducted at all direct departure and interline airports in the State of Hawaii.

“(c) Limitation.—The Secretary shall not implement this section unless appropriations for necessary expenses of the Animal and Plant Health Inspection Service for inspection, quarantine, and regulatory activities are increased by an amount not less than $3,000,000 in an Act making appropriations for fiscal year 2003.”

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

top

General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

7 USC	Description of Change	Session Year	Public Law	Statutes at Large

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].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

7 CFR - Agriculture

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

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

9 CFR - Title 9—Animals and Animal Products

9 CFR Part 49 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

9 CFR Part 50 - ANIMALS DESTROYED BECAUSE OF TUBERCULOSIS

9 CFR Part 51 - ANIMALS DESTROYED BECAUSE OF BRUCELLOSIS

9 CFR Part 52 - SWINE DESTROYED BECAUSE OF PSEUDORABIES

9 CFR Part 53 - FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY

9 CFR Part 54 - CONTROL OF SCRAPIE

9 CFR Part 55 - CONTROL OF CHRONIC WASTING DISEASE

9 CFR Part 56 - CONTROL OF H5/H7 LOW PATHOGENIC AVIAN INFLUENZA

9 CFR Part 70 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

9 CFR Part 71 - GENERAL PROVISIONS

9 CFR Part 72 - TEXAS (SPLENETIC) FEVER IN CATTLE

9 CFR Part 73 - SCABIES IN CATTLE

9 CFR Part 74 - PROHIBITION OF INTERSTATE MOVEMENT OF LAND TORTOISES

9 CFR Part 75 - COMMUNICABLE DISEASES IN HORSES, ASSES, PONIES, MULES, AND ZEBRAS

9 CFR Part 77 - TUBERCULOSIS

9 CFR Part 78 - BRUCELLOSIS

9 CFR Part 79 - SCRAPIE IN SHEEP AND GOATS

9 CFR Part 80 - JOHNE'S DISEASE IN DOMESTIC ANIMALS

9 CFR Part 81 - CHRONIC WASTING DISEASE IN DEER, ELK, AND MOOSE

9 CFR Part 82 - EXOTIC NEWCASTLE DISEASE (END) AND CHLAMYDI-OSIS

9 CFR Part 83 - VIRAL HEMORRHAGIC SEPTICEMIA

9 CFR Part 85 - PSEUDORABIES

9 CFR Part 91 - INSPECTION AND HANDLING OF LIVESTOCK FOR EXPORTATION

9 CFR Part 92 - IMPORTATION OF ANIMALS AND ANIMAL PRODUCTS: PROCEDURES FOR REQUESTING RECOGNITION OF REGIONS

9 CFR Part 93 - IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS

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

9 CFR Part 95 - SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES

9 CFR Part 96 - RESTRICTION OF IMPORTATIONS OF FOREIGN ANIMAL CASINGS OFFERED FOR ENTRY INTO THE UNITED STATES

9 CFR Part 97 - OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS

9 CFR Part 98 - IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN

9 CFR Part 99 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS

9 CFR Part 122 - ORGANISMS AND VECTORS

9 CFR Part 123 - RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE VIRUS-SERUM-TOXIN ACT

9 CFR Part 130 - USER FEES

9 CFR Part 145 - NATIONAL POULTRY IMPROVEMENT PLAN FOR BREEDING POULTRY

9 CFR Part 146 - NATIONAL POULTRY IMPROVEMENT PLAN FOR COMMERCIAL POULTRY

9 CFR Part 147 - AUXILIARY PROVISIONS ON NATIONAL POULTRY IMPROVEMENT PLAN

9 CFR Part 149 - VOLUNTARY TRICHINAE CERTIFICATION PROGRAM

9 CFR Part 160 - DEFINITION OF TERMS

9 CFR Part 161 - REQUIREMENTS AND STANDARDS FOR ACCREDITED VETERINARIANS AND SUSPENSION OR REVOCATION OF SUCH ACCREDITATION

9 CFR Part 162 - RULES OF PRACTICE GOVERNING REVOCATION OR SUSPENSION OF VETERINARIANS' ACCREDITATION

7 USC § 8307 - Inspections, seizures, and warrants

U.S. Code Toolbox

Law about... Articles from Wex

Get Involved

Find a Lawyer