7 U.S. Code § 8304 - Exportation

§ 8304.

Exportation

(a) In generalThe Secretary may prohibit or restrict—

(1)

the exportation of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or disease of livestock;

(2)

the exportation of any livestock if the Secretary determines that the livestock is unfit to be moved;

(3)

the use of any means of conveyance or facility in connection with the exportation of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or disease of livestock; or

(4)

the use of any means of conveyance in connection with the exportation of livestock if the Secretary determines that the prohibition or restriction is necessary because the means of conveyance has not been maintained in a clean and sanitary condition or does not have accommodations for the safe and proper movement and humane treatment of livestock.

(b) Requirements of owners

(1) Orders to disinfectThe Secretary may require the disinfection of—

(A)

a means of conveyance used in connection with the exportation of an animal;

(B)

an individual involved in the exportation of an animal and personal articles of the individual; and

(C)

any article used in the exportation of an animal.

(2) Failure to comply with ordersIf an owner fails to comply with an order of the Secretary under this section, the Secretary may—

(A)

take remedial action with respect to the animal, article, or means of conveyance referred to in paragraph (1); and

(B)

recover from the owner the costs of any care, handling, disposal, or other action incurred by the Secretary in connection with the remedial action.

The Secretary may certify the classification, quality, quantity, condition, processing, handling, or storage of any animal or article intended for export.

(d) Authorization of appropriations

(1) In generalThere is authorized to be appropriated—

(A)

$1,500,000 for each of fiscal years 2008 through 2018 to carry out section 11010 of the Food, Conservation, and Energy Act of 2008; and

(B)

such sums as may be necessary for each of fiscal years 2008 through 2018 to carry out this section.

(2) Availability

Funds appropriated under paragraph (1) shall remain available until expended.

(Pub. L. 107–171, title X, § 10405, May 13, 2002, 116 Stat. 497; Pub. L. 110–234, title XI, § 11010(c), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11010(c), June 18, 2008, 122 Stat. 1664, 2121; Pub. L. 113–79, title XII, § 12101(c), Feb. 7, 2014, 128 Stat. 978.)

References in Text

Section 11010 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (d)(1)(A), is section 11010 of Pub. L. 110–246, which amended this section and enacted provisions set out as a note below.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2014—Subsec. (d)(1). Pub. L. 113–79 substituted “2018” for “2012” in subpars. (A) and (B).

2008—Subsec. (d). Pub. L. 110–246, § 11010(c), added subsec. (d).

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

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.

Trichinae Certification Program

Pub. L. 113–79, title XII, § 12101(a), (b), Feb. 7, 2014, 128 Stat. 978, provided that:

“(a)Alternative Certification Process.—

The Secretary of Agriculture shall amend the rule made under paragraph (2) of section 11010(a) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8304(a) [sic]) [7 U.S.C. 8304 note, set out below] to implement the voluntary trichinae certification program established under paragraph (1) of such section, to include a requirement to establish an alternative trichinae certification process based on surveillance or other methods consistent with international standards for categorizing compartments as having negligible risk for trichinae.

“(b)Final Regulations.—

Not later than one year after the date on which the international standards referred to in subsection (a) are adopted, the Secretary shall finalize the rule amended under such subsection.”

Pub. L. 110–234, title XI, § 11010(a), (b), May 22, 2008, 122 Stat. 1359, and Pub. L. 110–246, § 4(a), title XI, § 11010(a), (b), June 18, 2008, 122 Stat. 1664, 2121, provided that:

“(a) Voluntary Trichinae Certification.—

“(1)Establishment.—

Not later than 90 days after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture shall establish a voluntary trichinae certification program. Such program shall include the facilitation of the export of pork products and certification services related to such products.

“(2)Regulations.—

The Secretary shall issue final regulations to implement the program under paragraph (1) not later than 90 days after the date of the enactment of this Act.

“(3)Report.—If final regulations are not published in accordance with paragraph (2) within 90 days of the date of the enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing—

“(A)

an explanation of why the final regulations have not been issued in accordance with paragraph (2); and

“(B)

the date on which the Secretary expects to issue such final regulations.

“(b)Funding.—

Subject to the availability of appropriations under subsection (d)(1)(A) of section 10405 of the Animal Health Protection Act (7 U.S.C. 8304), as added by subsection (c), the Secretary shall use not less than $6,200,000 of the funds made available under such subsection to carry out subsection (a).”

[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

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 - 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 - BOVINE BABESIOSIS

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 - NEWCASTLE DISEASE AND CHLAMYDIOSIS

9 CFR Part 83 - VIRAL HEMORRHAGIC SEPTICEMIA

9 CFR Part 85 - PSEUDORABIES

9 CFR Part 86 - ANIMAL DISEASE TRACEABILITY

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, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR...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

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