CHAPTER 109—ANIMAL
HEALTH PROTECTION
8303.
Restriction on
importation or entry.
8305.
Interstate movement.
8306.
Seizure, quarantine, and
disposal.
8307.
Inspections, seizures,
and warrants.
8308.
Detection, control, and
eradication of diseases
and pests.
8309.
Veterinary accreditation
program.
8311.
Reimbursable agreements.
8312.
Administration and
claims.
8315.
Regulations and orders.
8316.
Authorization of
appropriations.
8317.
Effect on regulations.
8318.
Veterinary training.
8319.
Surveillance of zoonotic
diseases.
8320.
Expansion of Animal and
Plant Health Inspection
Service activities.
8321.
Pest and Disease
Response Fund.
8322.
National aquatic animal
health plan.
§8301. Findings
Congress finds that—
(1) the prevention, detection, control, and eradication of diseases and
pests of animals are essential to protect—
(A) animal health;
(B) the health and welfare of the people of the United States;
(C) the economic interests of the livestock and related industries of
the United States;
(D) the environment of the United States; and
(E) interstate commerce and foreign commerce of the United States in
animals and other articles;
(2) animal diseases and pests are primarily transmitted by animals and
articles regulated under this chapter;
(3) the health of animals is affected by the methods by which animals
and articles are transported in interstate commerce and foreign
commerce;
(4) the Secretary must continue to conduct research on animal diseases
and pests that constitute a threat to the livestock of the United
States; and
(5)(A) all animals and articles regulated under this chapter are in or
affect interstate commerce or foreign commerce; and
(B) regulation by the Secretary and cooperation by the Secretary with
foreign countries, States or other jurisdictions, or persons are
necessary—
(i) to prevent and eliminate burdens on interstate commerce and foreign
commerce;
(ii) to regulate effectively interstate commerce and foreign commerce;
and
(iii) to protect the agriculture, environment, economy, and health and
welfare of the people of the United States.
(Pub. L. 107–171, title
X, §10402, May 13, 2002, 116
Stat. 494.)
References in Text
This chapter, referred to in pars. (2) and (5)(A), 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 below and Tables.
Short Title
Pub. L. 107–171, title
X, §10401, May 13, 2002, 116
Stat. 494, provided that: “This subtitle [subtitle E
(§§10401–10418) of title X of Pub.
L. 107–171, enacting
this chapter, amending sections
7714 and 7733 of this title, section
1540 of Title 16, Conservation, and sections
136a and 618 of Title 21, Food and Drugs, and repealing sections
429, 2260, 2260a of this title, section
1306 of Title 19, Customs Duties, sections 102 to 105, 111,
112, 113, 114 to 114d–1, 114e to 114h, 115 to 131, 134 to 135b, 612 to
614 of Title 21, sections
3901 and 3902 of Title 46, Shipping, and provisions set out as
a note under section
129a of Title 21] may be cited as the ‘Animal Health Protection
Act’.”
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 sections
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.
§8302. Definitions
In this chapter:
(1) Animal
The term “animal” means any member of the animal kingdom (except a
human).
(2) Article
The term “article” means any pest or disease or any material or tangible
object that could harbor a pest or disease.
(3) Disease
The term “disease” has the meaning given the term by the Secretary.
(4) Enter
The term “enter” means to move into the commerce of the United States.
(5) Export
The term “export” means to move from a place within the territorial
limits of the United States to a place outside the territorial limits of
the United States.
(6) Facility
The term “facility” means any structure.
(7) Import
The term “import” means to move from a place outside the territorial
limits of the United States to a place within the territorial limits of
the United States.
(8) Indian tribe
The term “Indian tribe” has the meaning given the term in section
450b of title 25.
(9) Interstate commerce
The term “interstate commerce” means trade, traffic, or other commerce—
(A) between a place in a State and a place in another State, or between
places within the same State but through any place outside that State;
or
(B) within the District of Columbia or any territory or possession of
the United States.
(10) Livestock
The term “livestock” means all farm-raised animals.
(11) Means of conveyance
The term “means of conveyance” means any personal property used for or
intended for use for the movement of any other personal property.
(12) Move
The term “move” means—
(A) to carry, enter, import, mail, ship, or transport;
(B) to aid, abet, cause, or induce carrying, entering, importing,
mailing, shipping, or transporting;
(C) to offer to carry, enter, import, mail, ship, or transport;
(D) to receive in order to carry, enter, import, mail, ship, or
transport;
(E) to release into the environment; or
(F) to allow any of the activities described in this paragraph.
(13) Pest
The term “pest” means any of the following that can directly or
indirectly injure, cause damage to, or cause disease in livestock:
(A) A protozoan.
(B) A plant.
(C) A bacteria.
(D) A fungus.
(E) A virus or viroid.
(F) An infectious agent or other pathogen.
(G) An arthropod.
(H) A parasite.
(I) A prion.
(J) A vector.
(K) Any organism similar to or allied with any of the organisms
described in this paragraph.
(14) Secretary
The term “Secretary” means the Secretary of Agriculture.
(15) State
The term “State” means any of the States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern
Mariana Islands, the Virgin Islands of the United States, or any
territory or possession of the United States.
(16) This chapter
Except when used in this section, the term “this chapter” includes any
regulation or order issued by the Secretary under the authority of this
chapter.
(17) United States
The term “United States” means all of the States.
(Pub. L. 107–171, title
X, §10403, May 13, 2002, 116
Stat. 494.)
References in Text
This chapter, referred to in introductory provisions and par. (16), 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.
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 sections
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.
§8303. Restriction on importation or entry
(a) In general
With notice to the Secretary of the Treasury and public notice as soon
as practicable, the Secretary may prohibit or restrict—
(1) the importation or entry of any animal, article, or means of
conveyance, or use of any means of conveyance or facility, if the
Secretary determines that the prohibition or restriction is necessary to
prevent the introduction into or dissemination within the United States
of any pest or disease of livestock;
(2) the further movement of any animal that has strayed into the United
States if the Secretary determines that the prohibition or restriction
is necessary to prevent the introduction into or dissemination within
the United States of any pest or disease of livestock; and
(3) the use of any means of conveyance in connection with the
importation or entry of livestock if the Secretary determines that the
prohibition or restriction is necessary because the means of conveyance
has not been maintained in a clean and sanitary condition or does not
have accommodations for the safe and proper movement of livestock.
(b) Regulations
(1) Restrictions on import and entry
The Secretary may issue such orders and promulgate such regulations as
are necessary to carry out subsection (a) of this section.
(2) Post importation quarantine
The Secretary may promulgate regulations requiring that any animal
imported or entered be raised or handled under post-importation
quarantine conditions by or under the supervision of the Secretary for
the purpose of determining whether the animal is or may be affected by
any pest or disease of livestock.
(c) Destruction or removal
(1) In general
The Secretary may order the destruction or removal from the United
States of—
(A) any animal, article, or means of conveyance that has been imported
but has not entered the United States if the Secretary determines that
destruction or removal from the United States is necessary to prevent
the introduction into or dissemination within the United States of any
pest or disease of livestock;
(B) any animal or progeny of any animal, article, or means of conveyance
that has been imported or entered in violation of this chapter; or
(C) any animal that has strayed into the United States if the Secretary
determines that destruction or removal from the United States is
necessary to prevent the introduction into or dissemination within the
United States of any pest or disease of livestock.
(2) Requirements of owners
(A) Orders to disinfect
The Secretary may require the disinfection of—
(i) a means of conveyance used in connection with the importation of an
animal;
(ii) an individual involved in the importation of an animal and personal
articles of the individual; and
(iii) any article used in the importation of an animal.
(B) Failure to comply with orders
If an owner fails to comply with an order of the Secretary under this
section, the Secretary may—
(i) take remedial action, destroy, or remove from the United States the
animal or progeny of any animal, article, or means of conveyance as
authorized under paragraph (1); and
(ii) recover from the owner the costs of any care, handling, disposal,
or other action incurred by the Secretary in connection with the
remedial action, destruction, or removal.
(Pub. L. 107–171, title
X, §10404, May 13, 2002, 116
Stat. 496.)
References in Text
This chapter, referred to in subsec. (c)(1)(B), 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.
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 sections
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.
§8304. Exportation
(a) In general
The Secretary may prohibit or restrict—
(1) the exportation of any animal, article, or means of conveyance if
the Secretary determines that the prohibition or restriction is
necessary to prevent the dissemination from or within the United States
of any pest or disease of livestock;
(2) the exportation of any livestock if the Secretary determines that
the livestock is unfit to be moved;
(3) the use of any means of conveyance or facility in connection with
the exportation of any animal or article if the Secretary determines
that the prohibition or restriction is necessary to prevent the
dissemination from or within the United States of any pest or disease of
livestock; or
(4) the use of any means of conveyance in connection with the
exportation of livestock if the Secretary determines that the
prohibition or restriction is necessary because the means of conveyance
has not been maintained in a clean and sanitary condition or does not
have accommodations for the safe and proper movement and humane
treatment of livestock.
(b) Requirements of owners
(1) Orders to disinfect
The Secretary may require the disinfection of—
(A) a means of conveyance used in connection with the exportation of an
animal;
(B) an individual involved in the exportation of an animal and personal
articles of the individual; and
(C) any article used in the exportation of an animal.
(2) Failure to comply with orders
If an owner fails to comply with an order of the Secretary under this
section, the Secretary may—
(A) take remedial action with respect to the animal, article, or means
of conveyance referred to in paragraph (1); and
(B) recover from the owner the costs of any care, handling, disposal, or
other action incurred by the Secretary in connection with the remedial
action.
(c) Certification
The Secretary may certify the classification, quality, quantity,
condition, processing, handling, or storage of any animal or article
intended for export.
(d) Authorization of appropriations
(1) In general
There is authorized to be appropriated—
(A) $1,500,000 for each of fiscal years 2008 through 2012 to carry out
section 11010 of the Food, Conservation, and Energy Act of 2008; and
(B) such sums as may be necessary for each of fiscal years 2008 through
2012 to carry out this section.
(2) Availability
Funds appropriated under paragraph (1) shall remain available until
expended.
(Pub. L. 107–171, title
X, §10405, May 13, 2002, 116
Stat. 497; Pub.
L. 110–234, title XI,
§11010(c), May 22, 2008, 122
Stat. 1360; Pub.
L. 110–246, §4(a),
title XI, §11010(c), June 18, 2008, 122
Stat. 1664, 2121.)
References in Text
Section 11010 of the Food, Conservation, and Energy Act of 2008,
referred to in subsec. (d)(1)(A), is section 11010 of Pub.
L. 110–246, which
amended this section and enacted provisions set out as a note below.
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. (d). Pub.
L. 110–246, §11010(c),
added subsec. (d).
Effective Date of 2008 Amendment
Amendment 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 sections
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.
Trichinae Certification Program
Pub. L. 110–234, title
XI, §11010(a), (b), May 22, 2008, 122
Stat. 1359, and Pub.
L. 110–246, §4(a),
title XI, §11010(a), (b), June 18, 2008, 122
Stat. 1664, 2121,
provided that:
“(a) Voluntary
Trichinae Certification.—
“(1) Establishment.—Not
later than 90 days after the date of the enactment of this Act [June 18,
2008], the Secretary of Agriculture shall establish a voluntary
trichinae certification program. Such program shall include the
facilitation of the export of pork products and certification services
related to such products.
“(2) Regulations.—The
Secretary shall issue final regulations to implement the program under
paragraph (1) not later than 90 days after the date of the enactment of
this Act.
“(3) Report.—If
final regulations are not published in accordance with paragraph (2)
within 90 days of the date of the enactment of this Act, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report containing—
“(A) an explanation of why the final regulations have not been issued in
accordance with paragraph (2); and
“(B) the date on which the Secretary expects to issue such final
regulations.
“(b) Funding.—Subject
to the availability of appropriations under subsection (d)(1)(A) of
section 10405 of the Animal Health Protection Act (7
U.S.C. 8304), as added by subsection (c), the Secretary shall
use not less than $6,200,000 of the funds made available under such
subsection to carry out subsection (a).”
[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.]
§8305. Interstate movement
The Secretary may prohibit or restrict—
(1) the movement in interstate commerce of any animal, article, or means
of conveyance if the Secretary determines that the prohibition or
restriction is necessary to prevent the introduction or dissemination of
any pest or disease of livestock; and
(2) the use of any means of conveyance or facility in connection with
the movement in interstate commerce of any animal or article if the
Secretary determines that the prohibition or restriction is necessary to
prevent the introduction or dissemination of any pest or disease of
livestock.
(Pub. L. 107–171, title
X, §10406, May 13, 2002, 116
Stat. 498.)
§8306. Seizure, quarantine, and disposal
(a) In general
The Secretary may hold, seize, quarantine, treat, destroy, dispose of,
or take other remedial action with respect to—
(1) any animal or progeny of any animal, article, or means of conveyance
that—
(A) is moving or has been moved in interstate commerce or has been
imported and entered; and
(B) the Secretary has reason to believe may carry, may have carried, or
may have been affected with or exposed to any pest or disease of
livestock at the time of movement or that is otherwise in violation of
this chapter;
(2) any animal or progeny of any animal, article, or means of conveyance
that is moving or is being handled, or has moved or has been handled, in
interstate commerce in violation of this chapter;
(3) any animal or progeny of any animal, article, or means of conveyance
that has been imported, and is moving or is being handled or has moved
or has been handled, in violation of this chapter; or
(4) any animal or progeny of any animal, article, or means of conveyance
that the Secretary finds is not being maintained, or has not been
maintained, in accordance with any post-importation quarantine,
post-importation condition, post-movement quarantine, or post-movement
condition in accordance with this chapter.
(b) Extraordinary emergencies
(1) In general
Subject to paragraph (2), if the Secretary determines that an
extraordinary emergency exists because of the presence in the United
States of a pest or disease of livestock and that the presence of the
pest or disease threatens the livestock of the United States, the
Secretary may—
(A) hold, seize, treat, apply other remedial actions to, destroy
(including preventative slaughter), or otherwise dispose of, any animal,
article, facility, or means of conveyance if the Secretary determines
the action is necessary to prevent the dissemination of the pest or
disease; and
(B) prohibit or restrict the movement or use within a State, or any
portion of a State of any animal or article, means of conveyance, or
facility if the Secretary determines that the prohibition or restriction
is necessary to prevent the dissemination of the pest or disease.
(2) State action
(A) In general
The Secretary may take action in a State under this subsection only on
finding that measures being taken by the State are inadequate to control
or eradicate the pest or disease, after review and consultation with—
“(i) 1 the
Governor or an appropriate animal health official of the State; or
“(ii) 1 in
the case of any animal, article, facility, or means of conveyance under
the jurisdiction of an Indian tribe, the head of the Indian tribe.
(B) Notice
Subject to subparagraph (C), before any action is taken in a State under
subparagraph (A), the Secretary shall—
(i) notify the Governor, an appropriate animal health official of the
State, or head of the Indian tribe of the proposed action;
(ii) issue a public announcement of the proposed action; and
(iii) publish in the Federal Register—
(I) the findings of the Secretary;
(II) a description of the proposed action; and
(III) a statement of the reasons for the proposed action.
(C) Notice after action
If it is not practicable to publish in the Federal Register the
information required under subparagraph (B)(iii) before taking action
under subparagraph (A), the Secretary shall publish the information as
soon as practicable, but not later than 10 business days, after
commencement of the action.
(c) Quarantine, disposal, or other remedial action
(1) In general
The Secretary, in writing, may order the owner of any animal, article,
facility, or means of conveyance referred to in subsection (a) or (b) of
this section to maintain in quarantine, dispose of, or take other
remedial action with respect to the animal, article, facility, or means
of conveyance, in a manner determined by the Secretary.
(2) Failure to comply with orders
If the owner fails to comply with the order of the Secretary, the
Secretary may—
(A) seize, quarantine, dispose of, or take other remedial action with
respect to the animal, article, facility, or means of conveyance under
subsection (a) or (b) of this section; and
(B) recover from the owner the costs of any care, handling, disposal, or
other remedial action incurred by the Secretary in connection with the
seizure, quarantine, disposal, or other remedial action.
(d) Compensation
(1) In general
Except as provided in paragraph (3), the Secretary shall compensate the
owner of any animal, article, facility, or means of conveyance that the
Secretary requires to be destroyed under this section.
(2) Amount
(A) In general
Subject to subparagraphs (B) and (C), the compensation shall be based on
the fair market value, as determined by the Secretary, of the destroyed
animal, article, facility, or means of conveyance.
(B) Limitation
Compensation paid any owner under this subsection shall not exceed the
difference between—
(i) the fair market value of the destroyed animal, article, facility, or
means of conveyance; and
(ii) any compensation received by the owner from a State or other source
for the destroyed animal, article, facility, or means of conveyance.
(C) Reviewability
The determination by the Secretary of the amount to be paid under this
subsection shall be final and not subject to judicial review or review
by any officer or employee of the Federal Government other than the
Secretary or the designee of the Secretary.
(3) Exceptions
No payment shall be made by the Secretary under this subsection for—
(A) any animal, article, facility, or means of conveyance that has been
moved or handled by the owner in violation of an agreement for the
control and eradication of diseases or pests or in violation of this
chapter;
(B) any progeny of any animal or article, which animal or article has
been moved or handled by the owner of the animal or article in violation
of this chapter;
(C) any animal, article, or means of conveyance that is refused entry
under this chapter; or
(D) any animal, article, facility, or means of conveyance that becomes
or has become affected with or exposed to any pest or disease of
livestock because of a violation of an agreement for the control and
eradication of diseases or pests or a violation of this chapter by the
owner.
(Pub. L. 107–171, title
X, §10407, May 13, 2002, 116
Stat. 498; Pub.
L. 110–234, title XI,
§11011(1), May 22, 2008, 122
Stat. 1360; Pub.
L. 110–246, §4(a),
title XI, §11011(1), June 18, 2008, 122
Stat. 1664, 2121.)
References in Text
This chapter, referred to in subsecs. (a) and (d)(3), 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. (d)(2)(C). Pub.
L. 110–246, §11011(1),
struck out “of longer than 60 days” after “or review”.
Effective Date of 2008 Amendment
Amendment 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 sections
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.
§8307. Inspections, seizures, and warrants
(a) Guidelines
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 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) Inspections with warrants
(1) In general
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) Application and issuance of warrants
(A) In general
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) Execution
The warrant may be applied for and executed by the Secretary or any
United States marshal.
(Pub. L. 107–171, title
X, §10408, May 13, 2002, 116
Stat. 500.)
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.
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 sections
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.”
§8308. Detection, control, and eradication of diseases and pests
(a) In general
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) Compensation
(1) In general
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) Specific cooperative programs
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) Reviewability
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.
(Pub. L. 107–171, title
X, §10409, May 13, 2002, 116
Stat. 501; Pub.
L. 110–234, title XI,
§11011(2), May 22, 2008, 122
Stat. 1360; Pub.
L. 110–246, §4(a),
title XI, §11011(2), June 18, 2008, 122
Stat. 1664, 2122.)
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”.
Effective Date of 2008 Amendment
Amendment 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 sections
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.
§8309. Veterinary accreditation program
(a) In general
The Secretary may establish a veterinary accreditation program that is
consistent with this chapter, including the establishment of standards
of conduct for accredited veterinarians.
(b) Consultation
The Secretary shall consult with State animal health officials and
veterinary professionals regarding the establishment of the veterinary
accreditation program.
(c) Suspension or revocation of accreditation
(1) In general
The Secretary may, after notice and opportunity for a hearing on the
record, suspend or revoke the accreditation of any veterinarian
accredited under this title 1 who
violates this chapter.
(2) Final order
The order of the Secretary suspending or revoking accreditation shall be
treated as a final order reviewable underchapter
158 of title 28.
(3) Summary suspension
(A) In general
The Secretary may summarily suspend the accreditation of a veterinarian
whom the Secretary has reason to believe knowingly violated this
chapter.
(B) Hearings
The Secretary shall provide the veterinarian with a subsequent notice
and an opportunity for a prompt post-suspension hearing on the record.
(d) Application of penalty provisions
The criminal and civil penalties described in section
8313 of this title shall
not apply to a violation of this section that is not a violation of any
other provision of this chapter.
(Pub. L. 107–171, title
X, §10410, May 13, 2002, 116
Stat. 501.)
References in Text
This chapter, referred to in text, was in the original “this subtitle”,
meaning subtitle E (§§10401–10418) of title X ofPub.
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.
This title, referred to in subsec. (c)(1), is title X of Pub.
L. 107–171, May 13,
2002, 116
Stat. 486. For complete classification of title X to
the Code, see Tables.
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 sections
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.
§8310. Cooperation
(a) In general
To carry out this chapter, the Secretary may cooperate with other
Federal agencies, States or political subdivisions of States, national
governments of foreign countries, local governments of foreign
countries, domestic or international organizations, domestic or
international associations, Indian tribes, and other persons.
(b) Responsibility
The person or other entity cooperating with the Secretary shall be
responsible for the authority necessary to carry out operations or
measures—
(1) on all land and property within a foreign country or State, or under
the jurisdiction of an Indian tribe, other than on land and property
owned or controlled by the United States; and
(2) using other facilities and means, as determined by the Secretary.
(c) Screwworms
(1) In general
The Secretary may, independently or in cooperation with national
governments of foreign countries or international organizations or
associations, produce and sell sterile screwworms to any national
government of a foreign country or international organization or
association, if the Secretary determines that the livestock industry and
related industries of the United States will not be adversely affected
by the production and sale.
(2) Proceeds
(A) Independent production and sale
If the Secretary independently produces and sells sterile screwworms
under paragraph (1), the proceeds of the sale shall be—
(i) deposited into the Treasury of the United States; and
(ii) credited to the account from which the operating expenses of the
facility producing the sterile screwworms have been paid.
(B) Cooperative production and sale
(i) In general
If the Secretary cooperates to produce and sell sterile screwworms under
paragraph (1), the proceeds of the sale shall be divided between the
United States and the cooperating national government or international
organization or association in a manner determined by the Secretary.
(ii) Account
The United States portion of the proceeds shall be—
(I) deposited into the Treasury of the United States; and
(II) credited to the account from which the operating expenses of the
facility producing the sterile screwworms have been paid.
(d) Cooperation in program administration
The Secretary may cooperate with State authorities, Indian tribe
authorities, or other persons in the administration of regulations for
the improvement of livestock and livestock products.
(e) Consultation and coordination with other Federal agencies
(1) In general
The Secretary shall consult and coordinate with the head of a Federal
agency with respect to any activity that is under the jurisdiction of
the Federal agency.
(2) Lead agency
Subject to the consultation and coordination requirement in paragraph
(1), the Department of Agriculture shall be the lead agency with respect
to issues related to pests and diseases of livestock.
(Pub. L. 107–171, title
X, §10411, May 13, 2002, 116
Stat. 502.)
References in Text
This chapter, referred to in subsec. (a), 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.
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 sections
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.
§8311. Reimbursable agreements
(a) Authority to enter into agreements
The Secretary may enter into reimbursable fee agreements with persons
for preclearance of animals or articles at locations outside the United
States for movement into the United States.
(b) Funds collected for preclearance
Funds collected for preclearance activities shall—
(1) be credited to accounts that may be established by the Secretary for
carrying out this section; and
(2) remain available until expended for the preclearance activities,
without fiscal year limitation.
(c) Payment of employees
(1) In general
Notwithstanding any other law, the Secretary may pay an officer or
employee of the Department of Agriculture performing services under this
chapter relating to imports into and exports from the United States for
all overtime, night, or holiday work performed by the officer or
employee at a rate of pay determined by the Secretary.
(2) Reimbursement
(A) In general
The Secretary may require a person for whom the services are performed
to reimburse the Secretary for any expenses paid by the Secretary for
the services under this subsection.
(B) Use of funds
All funds collected under this subsection shall—
(i) be credited to the account that incurs the costs; and
(ii) remain available until expended, without fiscal year limitation.
(d) Late payment penalties
(1) Collection
On failure by a person to reimburse the Secretary in accordance with
this section, the Secretary may assess a late payment penalty against
the person, including interest on overdue funds, as required by section
3717 of title 31.
(2) Use of funds
Any late payment penalty and any accrued interest shall—
(A) be credited to the account that incurs the costs; and
(B) remain available until expended, without fiscal year limitation.
(Pub. L. 107–171, title
X, §10412, May 13, 2002, 116
Stat. 503.)
References in Text
This chapter, referred to in subsec. (c)(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.
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 sections
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.
§8312. Administration and claims
(a) Administration
To carry out this chapter, the Secretary may—
(1) acquire and maintain real or personal property;
(2) employ a person;
(3) make a grant; and
(4) notwithstanding chapter
63 of title 31, enter into a contract, cooperative agreement,
memorandum of understanding, or other agreement.
(b) Tort claims
(1) In general
Except as provided in paragraph (2), the Secretary may pay a tort claim,
in the manner authorized by the first paragraph of section
2672 of title 28, if the claim arises outside the United States
in connection with an activity authorized under this chapter.
(2) Requirements
A claim may not be allowed under this subsection unless the claim is
presented in writing to the Secretary not later than 2 years after the
date on which the claim arises.
(Pub. L. 107–171, title
X, §10413, May 13, 2002, 116
Stat. 503.)
References in Text
This chapter, referred to in subsecs. (a) and (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.
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 sections
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.
§8313. Penalties
(a) Criminal penalties
(1) Offenses
(A) In general
A person that knowingly violates this chapter, or knowingly forges,
counterfeits, or, without authority from the Secretary, uses, alters,
defaces, or destroys any certificate, permit, or other document provided
for in this chapter shall be fined under title 18, imprisoned not more
than 1 year, or both.
(B) Distribution or sale
A person that knowingly imports, enters, exports, or moves any animal or
article, for distribution or sale, in violation of this chapter, shall
be fined under title 18, imprisoned not more than 5 years, or both.
(2) Multiple violations
On the second and any subsequent conviction of a person of a violation
of this chapter under paragraph (1), the person shall be fined under
title 18, imprisoned not more than 10 years, or both.
(b) Civil penalties
(1) In general
Except as provided in section
8309(d) of this title, any person that violates this chapter,
or that forges, counterfeits, or, without authority from the Secretary,
uses, alters, defaces, or destroys any certificate, permit, or other
document provided under this chapter may, after notice and opportunity
for a hearing on the record, be assessed a civil penalty by the
Secretary that does not exceed the greater of—
(A)(i) $50,000 in the case of any individual, except that the civil
penalty may not exceed $1,000 in the case of an initial violation of
this chapter by an individual moving regulated articles not for monetary
gain;
(ii) $250,000 in the case of any other person for each violation; and
(iii) for all violations adjudicated in a single proceeding—
(I) $500,000 if the violations do not include a willful violation; or
(II) $1,000,000 if the violations include 1 or more willful violations.
(B) twice the gross gain or gross loss for any violation or forgery,
counterfeiting, or unauthorized use, alteration, defacing or destruction
of a certificate, permit, or other document provided under this chapter
that results in the person's deriving pecuniary gain or causing
pecuniary loss to another person.
(2) Factors in determining civil penalty
In determining the amount of a civil penalty, the Secretary shall take
into account the nature, circumstance, extent, and gravity of the
violation or violations and the Secretary may consider, with respect to
the violator—
(A) the ability to pay;
(B) the effect on ability to continue to do business;
(C) any history of prior violations;
(D) the degree of culpability; and
(E) such other factors as the Secretary considers to be appropriate.
(3) Settlement of civil penalties
The Secretary may compromise, modify, or remit, with or without
conditions, any civil penalty that may be assessed under this
subsection.
(4) Finality of orders
(A) Final order
The order of the Secretary assessing a civil penalty shall be treated as
a final order reviewable under chapter
158 of title 28.
(B) Review
The validity of the order of the Secretary may not be reviewed in an
action to collect the civil penalty.
(C) Interest
Any civil penalty not paid in full when due under an order assessing the
civil penalty shall thereafter accrue interest until paid at the rate of
interest applicable to civil judgments of the courts of the United
States.
(c) Liability for acts of agents
In the construction and enforcement of this chapter, the act, omission,
or failure of any officer, agent, or person acting for or employed by
any other person within the scope of the employment or office of the
officer, agent, or person, shall be deemed also to be the act, omission,
or failure of the other person.
(d) Guidelines for civil penalties
Subject to the approval of the Attorney General, the Secretary shall
establish guidelines to determine under what circumstances the Secretary
may issue a civil penalty or suitable notice of warning in lieu of
prosecution by the Attorney General of a violation of this chapter.
(Pub. L. 107–171, title
X, §10414, May 13, 2002, 116
Stat. 504; Pub.
L. 110–234, title XI,
§11012(a), May 22, 2008, 122
Stat. 1360; Pub.
L. 110–246, §4(a),
title XI, §11012(a), June 18, 2008, 122
Stat. 1664, 2122.)
References in Text
This chapter, referred to in text, was in the original “this subtitle”,
meaning subtitle E (§§10401–10418) of title X ofPub.
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)(1)(A)(iii). Pub.
L. 110–246, §11012(a),
added cl. (iii) and struck out former cl. (iii) which read as follows:
“$500,000 for all violations adjudicated in a single proceeding; or”.
Effective Date of 2008 Amendment
Amendment 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 sections
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.
§8314. Enforcement
(a) Collection of information
(1) In general
The Secretary may gather and compile information and conduct any
inspection or investigation that the Secretary considers to be necessary
for the administration or enforcement of this chapter.
(2) Subpoenas
(A) In general
The Secretary shall have the power to subpoena the attendance and
testimony of any witness, the production of all evidence (including
books, papers, documents, electronically stored information, and other
tangible things that constitute or contain evidence), or to require the
person to whom the subpoena is directed to permit the inspection of
premises relating to the administration or enforcement of this chapter 1 or
any matter under investigation in connection with this chapter.1
(B) Location of production
The attendance of any witness and production of evidence relevant to the
inquiry may be required from any place in the United States.
(C) Enforcement
(i) In general
In case of disobedience to a subpoena by any person, the Secretary may
request the Attorney General to invoke the aid of any court of the
United States within the jurisdiction in which the investigation is
conducted, or where the person resides, is found, transacts business, is
licensed to do business, or is incorporated, to require the attendance
and testimony of any witness, the production of evidence, or the
inspection of premises.
(ii) Noncompliance
In case of a refusal to obey a subpoena issued to any person, a court
may order the person to appear before the Secretary and give evidence
concerning the matter in question, produce evidence, or permit the
inspection of premises.
(iii) Contempt
Any failure to obey the order of the court may be punished by the court
as contempt of the court.
(D) Compensation
(i) Witnesses
A witness summoned by the Secretary under this chapter shall be paid the
same fees and mileage that are paid to a witness in a court of the
United States.
(ii) Depositions
A witness whose deposition is taken, and the person taking the
deposition, shall be entitled to the same fees that are paid for similar
services in a court of the United States.
(E) Procedures
(i) Publication
The Secretary shall publish procedures for the issuance of subpoenas
under this section.
(ii) Review
The procedures shall include a requirement that subpoenas be reviewed
for legal sufficiency and, to be effective, be signed by the Secretary.
(iii) Delegation
If the authority to sign a subpoena is delegated to an agency other than
the Office of Administrative Law Judges, the agency receiving the
delegation shall seek review of the subpoena for legal sufficiency
outside that agency.
(b) Authority of Attorney General
The Attorney General may—
(1) prosecute, in the name of the United States, all criminal violations
of this chapter that are referred to the Attorney General by the
Secretary or are brought to the notice of the Attorney General by any
person;
(2) bring an action to enjoin the violation of or to compel compliance
with this chapter, or to enjoin any interference by any person with the
Secretary in carrying out this chapter, in any case in which the
Secretary has reason to believe that the person has violated, or is
about to violate this chapter or has interfered, or is about to
interfere, with the actions of the Secretary; or
(3) bring an action for the recovery of any unpaid civil penalty, funds
under a reimbursable agreement, late payment penalty, or interest
assessed under this chapter.
(c) Court jurisdiction
(1) In general
The United States district courts, the District Court of Guam, the
District Court of the Northern Mariana Islands, the District Court of
the Virgin Islands, the highest court of American Samoa, and the United
States courts of the other territories and possessions are vested with
jurisdiction in all cases arising under this chapter.
(2) Venue
Any action arising under this chapter may be brought, and process may be
served, in the judicial district where a violation or interference
occurred or is about to occur, or where the person charged with the
violation, interference, impending violation, impending interference, or
failure to pay resides, is found, transacts business, is licensed to do
business, or is incorporated.
(3) Exception
Paragraphs (1) and (2) do not apply to sections
8309(c) and 8313(b) of this title.
(Pub. L. 107–171, title
X, §10415, May 13, 2002, 116
Stat. 505; Pub.
L. 110–234, title XI,
§11012(b), May 22, 2008, 122
Stat. 1360; Pub.
L. 110–246, §4(a),
title XI, §11012(b), June 18, 2008, 122
Stat. 1664, 2122.)
References in Text
This chapter, referred to in subsec. (a)(2)(A), was in the original
“this title”, and was translated as reading “this subtitle”, meaning
subtitle E (§§10401–10418) of title X of Pub.
L. 107–171, May 13,
2002, 116
Stat. 494, to reflect the probable intent of Congress.
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. (a)(2)(A). Pub.
L. 110–246, §11012(b)(1),
added subpar. (A) and struck out former subpar. (A). Prior to amendment,
text read as follows: “The Secretary shall have power to issue a
subpoena to compel the attendance and testimony of any witness and the
production of any documentary evidence relating to the administration or
enforcement of this chapter or any matter under investigation in
connection with this chapter.”
Subsec. (a)(2)(B). Pub.
L. 110–246, §11012(b)(2),
struck out “documentary” before “evidence”.
Subsec. (a)(2)(C)(i). Pub.
L. 110–246, §11012(b)(3)(A),
substituted “testimony of any witness, the production of evidence, or
the inspection of premises” for “testimony of any witness and the
production of documentary evidence”.
Subsec. (a)(2)(C)(ii). Pub.
L. 110–246, §11012(b)(3)(B),
substituted “question, produce evidence, or permit the inspection of
premises” for “question or to produce documentary evidence”.
Effective Date of 2008 Amendment
Amendment 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 sections
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.
§8315. Regulations and orders
The Secretary may promulgate such regulations, and issue such orders, as
the Secretary determines necessary to carry out this chapter.
(Pub. L. 107–171, title
X, §10416, May 13, 2002, 116
Stat. 507.)
References in Text
This chapter, referred to in text, was in the original “this subtitle”,
meaning subtitle E (§§10401–10418) of title X ofPub.
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.
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 sections
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.
§8316. Authorization of appropriations
(a) In general
There are authorized to be appropriated such sums as are necessary to
carry out this chapter.
(b) Transfer of funds
(1) In general
In connection with an emergency under which a pest or disease of
livestock threatens any segment of agricultural production in the United
States, the Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department of
Agriculture such funds as the Secretary determines are necessary for the
arrest, control, eradication, or prevention of the spread of the pest or
disease of livestock and for related expenses.
(2) Availability
Any funds transferred under this subsection shall remain available until
expended, without fiscal year limitation.
(3) Reviewability
The action of any officer, employee, or agent of the Secretary in
carrying out this section (including determining the amount of and
making any payment authorized to be made under this chapter) 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.
(c) Use of funds
In carrying out this chapter, the Secretary may use funds made available
to carry out this chapter for—
(1) the employment of civilian nationals in foreign countries; and
(2) the construction and operation of research laboratories, quarantine
stations, and other buildings and facilities for special purposes.
(Pub. L. 107–171, title
X, §10417, May 13, 2002, 116
Stat. 507; Pub.
L. 110–234, title XI,
§11011(3), May 22, 2008, 122
Stat. 1360; Pub.
L. 110–246, §4(a),
title XI, §11011(3), June 18, 2008, 122
Stat. 1664, 2122.)
References in Text
This chapter, referred to in text, was in the original “this subtitle”,
meaning subtitle E (§§10401–10418) of title X ofPub.
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)(3). Pub.
L. 110–246, §11011(3),
struck out “of longer than 60 days” after “review”.
Effective Date of 2008 Amendment
Amendment 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 sections
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.
§8317. Effect on regulations
A regulation issued under a provision of law repealed by subsection (a)
shall remain in effect until the Secretary issues a regulation under section
8303(b) or 8315 of this title that
supersedes the earlier regulation.
(Pub. L. 107–171, title
X, §10418(c), May 13, 2002, 116
Stat. 509.)
References in Text
Subsection (a), referred to in text, means section 10418(a) of title X
of Pub.
L. 107–171, May 13,
2002, 116
Stat. 507, which repealed sections
429, 2260, and 2260a of this title, section
1306 of Title 19, Customs Duties, sections 102 to 105, 111,
112, 113, 114 to 114d–1, 114e to 114h, 115 to 131, 134 to 135b, and 612
to 614 of Title 21, Food and Drugs, sections
3901 and 3902 of Title 46, Shipping, and provisions set out as
a note under section
129a of Title 21.
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 sections
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.
§8318. Veterinary training
The Secretary of Agriculture may develop a program to maintain in all
regions of the United States a sufficient number of Federal and State
veterinarians who are well trained in recognition and diagnosis of
exotic and endemic animal diseases.
(Pub. L. 107–171, title
X, §10504, May 13, 2002, 116
Stat. 510.)
Codification
Section was not enacted as part of the Animal Health Protection Act
which comprises this chapter.
§8319. Surveillance of zoonotic diseases
The Secretary of Health and Human Services, through the Commissioner of
Food and Drugs and the Director of the Centers for Disease Control and
Prevention, and the Secretary of Agriculture shall coordinate the
surveillance of zoonotic diseases.
(Pub. L. 107–188, title
III, §313, June 12, 2002, 116
Stat. 674.)
Codification
Section was enacted as part of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002, and not as part of
the Animal Health Protection Act which comprises this chapter.
§8320. Expansion of Animal and Plant Health Inspection Service
activities
(a) In general
The Secretary of Agriculture (referred to in this section as the
“Secretary”) may utilize existing authorities to give high priority to
enhancing and expanding the capacity of the Animal and Plant Health
Inspection Service to conduct activities to—
(1) increase the inspection capacity of the Service at international
points of origin;
(2) improve surveillance at ports of entry and customs;
(3) enhance methods of protecting against the introduction of plant and
animal disease organisms by terrorists;
(4) develop new and improve existing strategies and technologies for
dealing with intentional outbreaks of plant and animal disease arising
from acts of terrorism or from unintentional introduction, including—
(A) establishing cooperative agreements among Veterinary Services of the
Animal and Plant Health Inspection Service, State animal health
commissions and regulatory agencies for livestock and poultry health,
and private veterinary practitioners to enhance the preparedness and
ability of Veterinary Services and the commissions and agencies to
respond to outbreaks of such animal diseases; and
(B) strengthening planning and coordination with State and local
agencies, including—
(i) State animal health commissions and regulatory agencies for
livestock and poultry health; and
(ii) State agriculture departments; and
(5) otherwise improve the capacity of the Service to protect against the
threat of bioterrorism.
(b) Automated recordkeeping system
The Administrator of the Animal and Plant Health Inspection Service may
implement a central automated recordkeeping system to provide for the
reliable tracking of the status of animal and plant shipments, including
those shipments on hold at ports of entry and customs. The Secretary
shall ensure that such a system shall be fully accessible to or fully
integrated with the Food Safety Inspection Service.
(c) Authorization of appropriations
There is authorized to be appropriated to carry out this section,
$30,000,000 for fiscal year 2002, and such sums as may be necessary for
each subsequent fiscal year.
(Pub. L. 107–188, title
III, §331, June 12, 2002, 116
Stat. 678.)
Codification
Section was enacted as part of the Public Health Security and
Bioterrorism Preparedness and Response Act of 2002, and not as part of
the Animal Health Protection Act which comprises this chapter.
§8321. Pest and Disease Response Fund
(a) Establishment
There is established on the books of the Treasury an account to be known
as the “Pest and Disease Response Fund”. There shall be deposited into
the Fund any proceeds received by the Secretary of Agriculture as
reimbursement for services provided by the Secretary using amounts in
the Fund.
(b) Availability
Amounts in the Fund shall remain available until expended.
(c) Use of Fund
In implementing the Animal Health Protection Act (7
U.S.C. 8301 et seq.) and the Plant Protection Act (7
U.S.C. 7701 et seq.), the Secretary of Agriculture shall have
complete discretion regarding the use of amounts in the Fund to support
emergency eradication and research activities in response to economic
and health threats posed by pests and diseases affecting agricultural
commodities.
(d) Authorization of appropriations
For each of the fiscal years 2005 through 2009, there is authorized to
be appropriated to the Secretary of Agriculture $1,000,000 for deposit
in the Fund.
(Pub. L. 108–465, title
IV, §401, Dec. 21, 2004, 118
Stat. 3886.)
References in Text
The Animal Health Protection Act, referred to in subsec. (c), is
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 this Act to the Code, see Short
Title note set out under section
8301 of this title and
Tables.
The Plant Protection Act, referred to in subsec. (c), is title IV of Pub.
L. 106–224, June 20,
2000, 114
Stat. 438, as amended, which is classified principally
to chapter
104 (§7701 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section
7701 of this title and
Tables.
Codification
Section was enacted as part of the Specialty Crops Competitiveness Act
of 2004, and not as part of the Animal Health Protection Act which
comprises this chapter.
§8322. National aquatic animal health plan
(a) In general
The Secretary of Agriculture may enter into a cooperative agreement with
an eligible entity to carry out a project under a national aquatic
animal health plan under the authority of the Secretary under section
10411 of the Animal Health Protection Act (7
U.S.C. 8310) for the purpose of detecting, controlling, or
eradicating diseases of aquaculture species and promoting
species-specific best management practices.
(b) Cooperative agreements between eligible entities and the Secretary
(1) Duties
As a condition of entering into a cooperative agreement with the
Secretary under this section, an eligible entity shall agree to—
(A) assume responsibility for the non-Federal share of the cost of
carrying out the project under the national aquatic health plan, as
determined by the Secretary in accordance with paragraph (2); and
(B) act in accordance with applicable disease and species specific best
management practices relating to activities to be carried out under such
project.
(2) Non-Federal share
The Secretary shall determine the non-Federal share of the cost of
carrying out a project under the national aquatic health plan on a
case-by-case basis for each such project. Such non-Federal share may be
provided in cash or in-kind.
(c) Applicability of other laws
In carrying out this section, the Secretary may make use of the
authorities under the Animal Health Protection Act (7
U.S.C. 8301 et seq.), including the authority to carry out
operations and measures to detect, control, and eradicate pests and
diseases and the authority to pay claims arising out of the destruction
of any animal, article, or means of conveyance.
(d) Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to
carry out this section for each of fiscal years 2008 through 2012.
(e) Eligible entity defined
In this section, the term “eligible entity” means a State, a political
subdivision of a State, Indian tribe, or other appropriate entity, as
determined by the Secretary of Agriculture.
(Pub. L. 110–234, title
XI, §11013, May 22, 2008, 122
Stat. 1361; Pub.
L. 110–246, §4(a),
title XI, §11013, June 18, 2008, 122
Stat. 1664, 2122.)
References in Text
The Animal Health Protection Act, referred to in subsec. (c), is
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 this Act 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 enacted
identical sections. Pub.
L. 110–234 was
repealed by section 4(a) ofPub.
L. 110–246.
Section was enacted as part of the Food, Conservation, and Energy Act of
2008, and not as part of the Animal Health Protection Act, which in part
comprises this chapter.
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.
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