Title 7AgricultureRelease 119-73

§8308 Detection, control, and eradication of diseases and pests

Title 7 › Chapter CHAPTER 109— - ANIMAL HEALTH PROTECTION › § 8308

Last updated Apr 6, 2026|Official source

Summary

The Secretary may run operations to find, control, or eliminate pests and diseases in livestock. That can include taking blood and doing tests on animals at slaughterhouses, stockyards, or other places where animals gather. The Secretary may pay claims when animals, items, or vehicles are destroyed for these efforts. Industry members and State agencies that help must be paid 100 percent of eligible costs for joint programs to control low‑pathogenic diseases, under rules the Secretary makes. Only the Secretary or someone the Secretary names can review those payment decisions.

Full Legal Text

Title 7, §8308

Agriculture — Source: USLM XML via OLRC

(a)The Secretary may carry out operations and measures to detect, control, or eradicate any pest or disease of livestock (including the drawing of blood and diagnostic testing of animals), including animals at a slaughterhouse, stockyard, or other point of concentration.
(b)(1)The Secretary may pay a claim arising out of the destruction of any animal, article, or means of conveyance consistent with the purposes of this chapter.
(2)The Secretary shall compensate industry participants and State agencies that cooperate with the Secretary in carrying out operations and measures under subsection (a) for 100 percent of eligible costs relating to cooperative programs involving Federal, State, and industry participants to control diseases of low pathogenicity in accordance with regulations issued by the Secretary.
(3)The action of the Secretary in carrying out paragraph (1) shall not be subject to review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(1), 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. 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 L. 110–234 were repealed by section 4(a) of Pub.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

2008—Subsec. (b)(2), (3). Pub. L. 110–246, § 11011(2), added par. (2), redesignated former par. (2) as (3), and, in par. (3), struck out “of longer than 60 days” after “review”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment 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 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. National Poultry Improvement Plan Pub. L. 113–79, title XII, § 12107, Feb. 7, 2014, 128 Stat. 982, provided that: “The Secretary of Agriculture shall ensure that the Department of Agriculture continues to administer the diagnostic surveillance program for H5/H7 low pathogenic avian influenza with respect to commercial poultry under section 146.14 of title 9, Code of Federal

Regulations

(or a successor regulation), without amending the

Regulations

in section 147.43 of title 9, Code of Federal

Regulations

(as in effect on the date of the enactment of this Act [Feb. 7, 2014]), with respect to the governance of the General Conference Committee established under such section. The Secretary of Agriculture shall maintain— “(1) the operations of the General Conference Committee—“(A) in the physical location at which the Committee was located on the date of the enactment of this Act; and “(B) with the organizational structure within the Department of Agriculture in effect as of such date; and “(2) the funding levels for the National Poultry Improvement Plan for Commercial Poultry (established under part 146 of title 9, Code of Federal

Regulations

, or a successor regulation) at the fiscal year 2013 funding levels for the Plan.”

Reference

Citations & Metadata

Citation

7 U.S.C. § 8308

Title 7Agriculture

Last Updated

Apr 6, 2026

Release point: 119-73