Title 7AgricultureRelease 119-73

§7731 Inspections, seizures, and warrants

Title 7 › Chapter CHAPTER 104— - PLANT PROTECTION › Subchapter SUBCHAPTER II— - INSPECTION AND ENFORCEMENT › § 7731

Last updated Apr 6, 2026|Official source

Summary

Activities under this law must follow guidelines approved by the Attorney General. The Secretary may stop and inspect, without a warrant, any person or vehicle coming into the United States to check for plants, plant products, pests, noxious weeds, biological control organisms, or other items covered by the law. The Secretary may also stop people or vehicles in interstate travel if there is good reason to believe they carry those items. Inside a State, the Secretary may stop movement from or within areas under a quarantine during an extraordinary emergency declared under section 7715 if there is good reason to believe regulated items are being moved. The Secretary may enter private or commercial premises in the United States only with a warrant to investigate, inspect, or seize regulated plants or related things. A U.S. judge, a judge of a court of record, or a U.S. magistrate can issue that warrant within their authority if a sworn statement shows good reason to believe the regulated items are on the premises. The Secretary or a U.S. Marshal may apply for and execute the warrant.

Full Legal Text

Title 7, §7731

Agriculture — Source: USLM XML via OLRC

(a)The activities authorized by this section shall be carried out consistent with guidelines approved by the Attorney General.
(b)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 plant, plant product, biological control organism, plant pest, noxious weed, or article subject to this chapter;
(2)in interstate commerce, upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article subject to this chapter; and
(3)in intrastate commerce from or within any State, portion of a State, or premises quarantined as part of a extraordinary emergency declared under section 7715 of this title upon probable cause to believe that the person or means of conveyance is carrying any plant, plant product, biological control organism, plant pest, noxious weed, or article regulated under that section or is moving subject to that section.
(c)(1)The Secretary may enter, with a warrant, any premises in the United States for the purpose of conducting investigations or making inspections and seizures under this chapter.
(2)Upon proper oath or affirmation showing probable cause to believe that there is on certain premises any plant, plant product, biological control organism, plant pest, noxious weed, 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, within the judge’s or magistrate’s 11 So in original. Probably should be “magistrate judges’s”. jurisdiction, issue a warrant for the entry upon the premises to conduct any investigation or make any inspection or seizure under this chapter. The warrant may be applied for and executed by the Secretary or any United States Marshal.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b)(1), (2) and (c), 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.

Statutory Notes and Related Subsidiaries

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 section 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.

Reference

Citations & Metadata

Citation

7 U.S.C. § 7731

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73