§ 7713. — Notification and holding requirements upon arrival.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7713]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER I--PLANT PROTECTION
Sec. 7713. Notification and holding requirements upon arrival
(a) Duty of Secretary of the Treasury
(1) Notification
The Secretary of the Treasury shall promptly notify the
Secretary of Agriculture of the arrival of any plant, plant product,
biological control organism, plant pest, or noxious weed at a port
of entry.
(2) Holding
The Secretary of the Treasury shall hold a plant, plant product,
biological control organism, plant pest, or noxious weed for which
notification is made under paragraph (1) at the port of entry until
the plant, plant product, biological control organism, plant pest,
or noxious weed--
(A) is inspected and authorized for entry into or transit
movement through the United States; or
(B) is otherwise released by the Secretary of Agriculture.
(3) Exceptions
Paragraphs (1) and (2) shall not apply to any plant, plant
product, biological control organism, plant pest, or noxious weed
that is imported from a country or region of a country designated by
the Secretary of Agriculture, pursuant to regulations, as exempt
from the requirements of such paragraphs.
(b) Duty of responsible parties
(1) Notification
The person responsible for any plant, plant product, biological
control organism, plant pest, noxious weed, article, or means of
conveyance required to have a permit under section 7711 or 7712 of
this title shall provide the notification described in paragraph (3)
as soon as possible after the arrival of the plant, plant product,
biological control organism, plant pest, noxious weed, article, or
means of conveyance at a port of entry and before the plant, plant
product, biological control organism, plant pest, noxious weed,
article, or means of conveyance is moved from the port of entry.
(2) Submission
The notification shall be provided to the Secretary, or, at the
Secretary's direction, to the proper official of the State to which
the plant, plant product, biological control organism, plant pest,
noxious weed, article, or means of conveyance is destined, or both,
as the Secretary may prescribe.
(3) Elements of notification
The notification shall consist of the following:
(A) The name and address of the consignee.
(B) The nature and quantity of the plant, plant product,
biological control organism, plant pest, noxious weed, article,
or means of conveyance proposed to be moved.
(C) The country and locality where the plant, plant product,
biological control organism, plant pest, noxious weed, article,
or means of conveyance was grown, produced, or located.
(c) Prohibition on movement of items without authorization
No person shall move from a port of entry or interstate any imported
plant, plant product, biological control organism, plant pest, noxious
weed, article, or means of conveyance unless the imported plant, plant
product, biological control organism, plant pest, noxious weed, article,
or means of conveyance--
(1) is inspected and authorized for entry into or transit
movement through the United States; or
(2) is otherwise released by the Secretary.
(Pub. L. 106-224, title IV, Sec. 413, June 20, 2000, 114 Stat. 443.)
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.
