§7712 Regulation of Movement of Plants, Plant Products, Biological Control Organisms, Noxious Weeds, Articles, and Means of Conveyance

Summary

The Secretary may stop or limit bringing into the country, moving between States, or sending out of the country any plant, plant product, biological control organism, noxious weed, item, or vehicle if needed to prevent plant pests or noxious weeds from entering or spreading. Rules must be based on good science and be open to the public. The Secretary can require permits, official inspection certificates, treatments or other fixes, and post-entry quarantine checks for plants or biological control organisms. Within one year after June 20, 2000, the Secretary had to publish a notice for public comment explaining how import requests are handled. That notice must say how the public will be involved and cover things like which requests need risk assessments, how requests are labeled major or minor, how priorities are set, how scientific and economic information will be gathered, and how assumptions and uncertainties in risk assessments will be shown. The Secretary must study "systems approaches" to keep out plant pathogens, include scientists from state agriculture agencies, colleges, the private sector, and the Agricultural Research Service, and report the study to the Senate and House Agriculture Committees within two years after June 20, 2000. For noxious weeds and biological control organisms, the Secretary may make lists of restricted or allowed species, and anyone can petition to add or remove items; the Secretary must act within a reasonable time, notify the petitioner, and base decisions on sound science.