§8901 — Title 7 Agriculture | U.S. Code

Summary

Defines key words used to protect U.S. agriculture from nuclear, biological, chemical, and radiological threats. Agent means a nuclear, biological, chemical, or radiological material that causes agricultural disease or contaminates products the Secretary of Agriculture regulates. Agricultural biosecurity means protection against agents that threaten plant or animal health, harm public health by contaminating regulated products, or damage the nearby environment of farms and facilities. Agricultural countermeasure means a product, practice, or technology to boost or keep agricultural biosecurity and does not include tools used only for non‑agricultural human medical emergencies. Agricultural disease is defined by the Secretary. Agricultural disease emergency means an outbreak needing quick action to prevent major harm. Agroterrorist act means damaging agriculture or injuring agricultural workers with the intent to intimidate civilians or disrupt policy. Animal and plant have the meanings in sections 8302 and 7702. Department means the Department of Agriculture. Development covers research, testing, production, and approval steps for animal health countermeasures. Qualified agricultural countermeasure is one the Secretary, with the Secretary of Homeland Security, marks as a priority.

Title 7, §8901

Agriculture — Source: USLM XML via OLRC

In this chapter:

(1)The term “agent” means a nuclear, biological, chemical, or radiological substance that causes agricultural disease or the adulteration of products regulated by the Secretary of Agriculture under any provision of law.

(2)The term “agricultural biosecurity” means protection from an agent that poses a threat to—

(A)plant or animal health;

(B)public health as it relates to the adulteration of products regulated by the Secretary of Agriculture under any provision of law that is caused by exposure to an agent; or

(C)the environment as it relates to agriculture facilities, farmland, and air and water within the immediate vicinity of an area associated with an agricultural disease or outbreak.

(3)The term “agricultural countermeasure”—

(A)means a product, practice, or technology that is intended to enhance or maintain the agricultural biosecurity of the United States; and

(B)does not include a product, practice, or technology used solely in response to a human medical incident or public health emergency not related to agriculture.

(4)The term “agricultural disease” has the meaning given the term by the Secretary.

(5)The term “agricultural disease emergency” means an incident of agricultural disease that requires prompt action to prevent significant damage to people, plants, or animals.

(6)The term “agroterrorist act” means an act that—

(A)causes or attempts to cause—

(i)damage to agriculture; or

(ii)injury to a person associated with agriculture; and

(B)is committed or appears to be committed with the intent to—

(i)intimidate or coerce a civilian population; or

(ii)disrupt the agricultural industry in order to influence the policy of a government by intimidation or coercion.

(7)The term “animal” has the meaning given the term in section 8302 of this title.

(8)The term “Department” means the Department of Agriculture.

(9)The term “development” means—

(A)research leading to the identification of products or technologies intended for use as agricultural countermeasures to protect animal health;

(B)the formulation, production, and subsequent modification of those products or technologies;

(C)the conduct of in vitro and in vivo studies;

(D)the conduct of field, efficacy, and safety studies;

(E)the preparation of an application for marketing approval for submission to an applicable agency; or

(F)other actions taken by an applicable agency in a case in which an agricultural countermeasure is procured or used prior to issuance of a license or other form of Federal Government approval.

(10)The term “plant” has the meaning given the term in section 7702 of this title.

(11)The term “qualified agricultural countermeasure” means an agricultural countermeasure that the Secretary, in consultation with the Secretary of Homeland Security, determines to be a priority in order to address an agricultural biosecurity threat.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Statutory Notes and Related Subsidiaries

Effective Date

Enactment 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 a note under section 8701 of this title.

Short Title

Pub. L. 110–234, title XIV, § 14101,

May 22, 2008, 122 Stat. 1453, and Pub. L. 110–246, § 4(a), title XIV, § 14101,

June 18, 2008, 122 Stat. 1664, 2215, provided that: “This subtitle [subtitle B (§§ 14101–14122) of title XIV of Pub. L. 110–246, enacting this chapter] may be cited as the ‘Agricultural Security Improvement Act of 2008’.” [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.] Definition of “Secretary” “Secretary” as meaning the Secretary of Agriculture, see section 8701 of this title.

§8901 Definitions