§7702 — Title 7 Agriculture | U.S. Code

Summary

Defines key words used in the chapter. "Article" means any object that could carry plant pests or noxious weeds. "Biological control organism" is an enemy, antagonist, or competitor used to control a pest or weed. "Enter/entry" means moving into U.S. commerce. "Export/exportation" means moving out of the United States. "Import/importation" means moving into U.S. territory. "Interstate" covers movement between states or within U.S. territories and possessions. "Interstate commerce" means trade or traffic between states or within those territories. "Means of conveyance" is any property used to move other property. "Move/moving/movement" includes carrying, mailing, shipping, importing, exporting, releasing into the environment, offering or receiving for transport, helping or allowing those actions. "Noxious weed" is a plant or plant product that can harm crops, livestock, natural resources, public health, or the environment. "Permit" is written or oral authorization, including electronic, from the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under set conditions. "Person" covers individuals and business or legal entities. "Plant" means any plant or plant part that can be propagated. "Plant pest" covers many living things (protozoans, animals, parasitic plants, bacteria, fungi, viruses/viroids, infectious agents, or similar) that can harm plants. "Plant product" means plant parts not counted as "plant" or processed plant material. "Secretary" means the Secretary of Agriculture. "State" includes the 50 states and U.S. territories and possessions. "Systems approach" means a set of plant‑health steps with at least two independent measures to reduce pest risk. "This chapter" also means rules or orders made under it, unless used only in this list. "United States" means all of the States.

Title 7, §7702

Agriculture — Source: USLM XML via OLRC

In this chapter:

(1)The term “article” means any material or tangible object that could harbor plant pests or noxious weeds.

(2)The term “biological control organism” means any enemy, antagonist, or competitor used to control a plant pest or noxious weed.

(3)The terms “enter” and “entry” mean to move into, or the act of movement into, the commerce of the United States.

(4)The terms “export” and “exportation” mean to move from, or the act of movement from, the United States to any place outside the United States.

(5)The terms “import” and “importation” mean to move into, or the act of movement into, the territorial limits of the United States.

(6)The term “interstate” means—

(A)from one State into or through any other State; or

(B)within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.

(7)The term “interstate commerce” means trade, traffic, or other commerce—

(A)between a place in a State and a point in another State, or between points within the same State but through any place outside that State; or

(B)within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.

(8)The term “means of conveyance” means any personal property used for or intended for use for the movement of any other personal property.

(9)The terms “move”, “moving”, and “movement” mean—

(A)to carry, enter, import, mail, ship, or transport;

(B)to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting;

(C)to offer to carry, enter, import, mail, ship, or transport;

(D)to receive to carry, enter, import, mail, ship, or transport;

(E)to release into the environment; or

(F)to allow any of the activities described in a preceding subparagraph.

(10)The term “noxious weed” means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment.

(11)The term “permit” means a written or oral authorization, including by electronic methods, by the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Secretary.

(12)The term “person” means any individual, partnership, corporation, association, joint venture, or other legal entity.

(13)The term “plant” means any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.

(14)The term “plant pest” means any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product:

(A)A protozoan.

(B)A nonhuman animal.

(C)A parasitic plant.

(D)A bacterium.

(E)A fungus.

(F)A virus or viroid.

(G)An infectious agent or other pathogen.

(H)Any article similar to or allied with any of the articles specified in the preceding subparagraphs.

(15)The term “plant product” means—

(A)any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant; or

(B)any manufactured or processed plant or plant part.

(16)The term “Secretary” means the Secretary of Agriculture.

(17)The term “State” means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.

(18)For the purposes of section 7712(e) of this title, the term “systems approach” means a defined set of phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the movement of commodities.

(19)Except when used in this section, the term “this chapter” includes any regulation or order issued by the Secretary under the authority of this chapter.

(20)The term “United States” means all of the States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, 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.

§7702 Definitions