§ 7759. — Fees for inspection of plants for exporting or transiting.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC7759]
TITLE 7--AGRICULTURE
CHAPTER 104--PLANT PROTECTION
SUBCHAPTER III--MISCELLANEOUS PROVISIONS
Sec. 7759. Fees for inspection of plants for exporting or
transiting
(a) to (e) Repealed. Pub. L. 106-224, title IV, Sec. 438(a)(3), June 20,
2000, 114 Stat. 454
(f) Authorization of appropriations; fees, late payment penalties, and
accrued interest
(1) Notwithstanding paragraph (2), there are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this section. Unless otherwise specifically authorized or provided
for in appropriations Acts, no part of such sums shall be used to pay
the cost or value of property injured or destroyed.
(2) The Secretary of Agriculture is authorized to prescribe and
collect fees to recover the costs of providing for the inspection of
plants and plant products offered for export or transiting the United
States and certifying to shippers and interested parties as to the
freedom of such plants and plant products from plant pests according to
the phytosanitary requirements of the foreign countries to which such
plants and plant products may be exported, or to the freedom from
exposure to plant pests while in transit through the United States. Any
person for whom such an activity is performed shall be liable for
payment of fees assessed. Upon failure to pay such fees when due, the
Secretary of Agriculture shall assess a late payment penalty, and such
overdue fees shall accrue interest, as required by section 3717 of title
31. All fees, late payment penalties, and accrued interest collected
shall be credited to such accounts that incur the costs and shall remain
available until expended without fiscal year limitation. The Secretary
of Agriculture shall have a lien for the fees, any late payment penalty,
and any accrued interest assessed against the plant or plant product for
which services have been provided. In the case of any person who fails
to make payment when due, the Secretary of Agriculture shall also have a
lien against any plant or plant product thereafter attempted to be
exported by such person. The Secretary of Agriculture may, in case of
nonpayment of the fees, late payment penalty, or accrued interest, after
giving reasonable notice of default to the person liable for payment of
such assessments, sell at public sale after reasonable public notice, or
otherwise dispose of, any such plant or plant product upon which the
Secretary of Agriculture has a lien pursuant to this section. If the
sale proceeds exceed the fees due, any late payment penalty assessed,
any accrued interest and the expenses of the sale, the excess shall be
paid, in accordance with regulations of the Secretary of Agriculture, to
the owner of the plant or plant product sold upon the owner making
application therefore with proof of ownership, within six months after
such sale, and otherwise the excess shall be credited to accounts that
incur the costs and shall remain available until expended. The Secretary
of Agriculture shall, pursuant to regulations as prescribed by the
Secretary of Agriculture, suspend performance of services to persons who
have failed to pay such fees, late payment penalty and accrued interest.
(Sept. 21, 1944, ch. 412, title I, Sec. 102, 58 Stat. 735; June 17,
1949, ch. 220, 63 Stat. 200; Pub. L. 85-36, title II, Sec. 201, May 23,
1957, 71 Stat. 35; Pub. L. 94-231, Sec. 1, Mar. 15, 1976, 90 Stat. 215;
Pub. L. 101-624, title XXV, Secs. 2504, 2509(b), Nov. 28, 1990, 104
Stat. 4068, 4070; Pub. L. 106-224, title IV, Sec. 438(a)(3), June 20,
2000, 114 Stat. 454.)
Codification
Section was formerly classified to section 147a of this title.
Section was not enacted as part of the Plant Protection Act which
comprises this chapter.
Amendments
2000--Subsecs. (a) to (e). Pub. L. 106-224 struck out subsecs. (a)
to (e), which authorized measures for control and eradication of plant
pests, set forth provisions relating to intergovernmental cooperation
and responsibility of cooperating foreign agencies, defined terms as
used in this section, and authorized rules and regulations to provide
for inspection and certification of plants and plant products offered
for export or transiting the United States.
1990--Subsec. (b). Pub. L. 101-624, Sec. 2504, substituted ``foreign
countries'' for ``all countries of the Western Hemisphere'' and inserted
``foreign or'' before ``international''.
Subsec. (f). Pub. L. 101-624, Sec. 2509(b), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ``There are
hereby authorized to be appropriated such sums as the Congress may
annually determine to be necessary to enable the Secretary of
Agriculture to carry out the provisions of this section. Unless
otherwise specifically authorized, or provided for in appropriations, no
part of such sums shall be used to pay the cost or value of property
injured or destroyed.''
1976--Subsecs. (a) to (d). Pub. L. 94-231 redesignated existing
provisions of subsec. (a) as subsecs. (a) to (d) and broadened
Secretary's authority to control and eradicate plant pests and animal
diseases, extended Secretary's authority to cooperate with foreign
governments, and inserted definitions for ``plant pest'' and ``living
stage''. Former subsecs. (b) and (c) redesignated (e) and (f),
respectively.
Subsec. (e). Pub. L. 94-231 redesignated subsec. (b) as (e) and made
discretionary the Secretary's authority to provide phytosanitary
inspection and certification service for domestic plants and plant
products offered for export or transit in the United States.
Subsec. (f). Pub. L. 94-231 redesignated subsec. (c) as (f) and
substituted provisions authorizing appropriations on a Congressional
finding of necessity made ``annually'' for provisions authorizing
appropriations on a Congressional finding of necessity made ``from time
to time''.
1957--Subsec. (a). Pub. L. 85-36 inserted ``insect pests, plant
diseases, and nematodes, such as imported fire ant, soybean cyst
nematode, witchweed, spotted alfalfa aphid,'' after ``or to prevent or
retard the spread of''.
1949--Subsec. (a). Act June 17, 1949, authorized the Secretary to
carry out operations to combat the citrus blackfly, white-fringed
beetle, and the Hall scale.
Section Referred to in Other Sections
This section is referred to in section 1508 of this title; title 21
section 129.
