7 U.S.C. § 7731: Inspections, seizures, and…

Summary

The Attorney General must approve rules that the Secretary follows when using these powers. The Secretary can stop and inspect without a court order any person or vehicle coming into the United States to see if they carry plants, plant products, biological control organisms, plant pests, noxious weeds, or other regulated articles. The Secretary can also stop people or vehicles moving between states, or moving into or within parts of a State quarantined under an extraordinary emergency declared under section 7715, if there is good reason to believe they carry those regulated items. To enter private property, the Secretary needs a court order. A United States judge, a judge of a court of record in the United States, or a United States magistrate judge can issue that order if a sworn statement shows good reason to think regulated items, facilities, or conveyances are on the premises. The Secretary or a United States Marshal may apply for and carry out the order.

Title 7, §7731

Agriculture, Source: USLM XML via OLRC

(a)Role of Attorney General

The activities authorized by this section shall be carried out consistent with guidelines approved by the Attorney General.

(b)Warrantless inspections

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)Inspections with a warrant

(1)General authority

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)Application and issuance of a warrant

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 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.

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.

§7731 Inspections, Seizures, and Warrants

Summary

Title 7, §7731

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata