§8307 — Title 7 Agriculture | U.S. Code

Summary

Allows the Secretary to stop and check people, vehicles, and other ways of travel for animals or items the law controls, as long as the checks follow guidelines the Attorney General approves. The Secretary can stop and inspect without a warrant when someone is coming into the United States; when moving between states if there is good reason to believe they carry regulated animals or items; or when moving within a state from an area quarantined under section 8306(b) for the same reason. The Secretary can get a warrant to enter any property to inspect or seize covered animals, items, facilities, or vehicles. A U.S. judge, a state judge of record, or a U.S. magistrate can issue that warrant after a sworn statement showing good reason. The Secretary or any U.S. marshal may apply for and carry out the warrant.

Title 7, §8307

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

Notes & Related Subsidiaries

Editorial Notes

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.

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. 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.”

§8307 Inspections, seizures, and warrants

Summary

Title 7, §8307

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata