§8303 — Title 7 Agriculture | U.S. Code

Summary

The Secretary may, after telling the Treasury Secretary and giving public notice as soon as possible, stop or limit animals, things, or vehicles from being brought into or used in the United States to keep pests and livestock diseases out or from spreading. That power covers stopping imports or entry, stopping movement of animals that have wandered into the country, and barring vehicles or facilities that are not clean or not fit to move animals safely. The Secretary can make rules, require animals to be kept in supervised quarantine after arrival for inspection, and order that imported or illegally brought animals, items, or vehicles be destroyed or sent out of the country when needed. The Secretary can also require disinfection of vehicles, people, and gear used in importation. If an owner disobeys, the Secretary can act to remove or destroy the items and recover the costs from the owner.

Title 7, §8303

Agriculture — Source: USLM XML via OLRC

(a)With notice to the Secretary of the Treasury and public notice as soon as practicable, the Secretary may prohibit or restrict—

(1)the importation or entry of any animal, article, or means of conveyance, or use of any means of conveyance or facility, if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock;

(2)the further movement of any animal that has strayed into the United States if the Secretary determines that the prohibition or restriction is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock; and

(3)the use of any means of conveyance in connection with the importation or entry 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 of livestock.

(b)(1)The Secretary may issue such orders and promulgate such regulations as are necessary to carry out subsection (a).

(2)The Secretary may promulgate regulations requiring that any animal imported or entered be raised or handled under post-importation quarantine conditions by or under the supervision of the Secretary for the purpose of determining whether the animal is or may be affected by any pest or disease of livestock.

(c)(1)The Secretary may order the destruction or removal from the United States of—

(A)any animal, article, or means of conveyance that has been imported but has not entered the United States if the Secretary determines that destruction or removal from the United States is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock;

(B)any animal or progeny of any animal, article, or means of conveyance that has been imported or entered in violation of this chapter; or

(C)any animal that has strayed into the United States if the Secretary determines that destruction or removal from the United States is necessary to prevent the introduction into or dissemination within the United States of any pest or disease of livestock.

(2)(A)The Secretary may require the disinfection of—

(i)a means of conveyance used in connection with the importation of an animal;

(ii)an individual involved in the importation of an animal and personal articles of the individual; and

(iii)any article used in the importation of an animal.

(B)If an owner fails to comply with an order of the Secretary under this section, the Secretary may—

(i)take remedial action, destroy, or remove from the United States the animal or progeny of any animal, article, or means of conveyance as authorized under paragraph (1); and

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

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (c)(1)(B), 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.

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.

§8303 Restriction on importation or entry

Summary

Title 7, §8303

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata