§ 620. Imports

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1907

   Pub. L. 59–2907 · 34 Stat. 1256

   Enacted · 21 U.S.C. § 620

   Mar. 4, 1907, ch. 2907, title I, § 20, formerly 18th par., 34 Stat. 1264

   Source evidence

   Code source credit
   Mar. 4, 1907, ch. 2907, title I, § 20, formerly 18th par., 34 Stat. 1264

2. 1967

   Pub. L. 90–201 § 10 · 81 Stat. 584

   Substituted · 21 U.S.C. § 620

   Pub. L. 90–201, § 10, substituted imported articles provisions for penalty provisions deeming offenses as misdemeanors and punishable by fine of $10,000 or imprisonment for two years or both. See section 676(a) of this title

   Source evidence

   Code amendment note
   Pub. L. 90–201, § 10, substituted imported articles provisions for penalty provisions deeming offenses as misdemeanors and punishable by fine of $10,000 or imprisonment for two years or both. See section 676(a) of this title.

   Enacted provision · exact public law section
   Sec. 10. The present provisions of section 20 of said Act (21 U.S.C. 88) are hereby deleted and the following new provisions are substituted therefor: “Sec. 20. (a) No carcasses, parts of carcasses, meat or meat food products of cattle, sheep, swine, goats, horses, mules, or other equines which are capable of use as human food, shall be imported into the United States if such articles are adulterated or misbranded and unless they comply with all the inspection, building construction standards, and all other provisions of this Act and regulations issued thereunder applicable to such articles in commerce within the United States. All such imported articles shall, upon entry into the United States, be deemed and treated as domestic articles subject to the other 52 Stat. 1040. 21 USC 301. provisions of this Act and the Federal Food, Drug, and Cosmetic Act: Provided, That they shall be marked and labeled as required by such regulations for imported articles: Provided further, That nothing in this section shall apply to any individual who purchases meat or meat products outside the United States for his own consumption except that the total amount of such meat or meat products shall not exceed fifty pounds. “(b) The Secretary may prescribe the terms and conditions for the destruction of all such articles which are imported contrary to this section, unless (1) they are exported by the consignee within the time fixed therefor by the Secretary, or (2) in the case of articles which are not in compliance with the Act solely because of misbranding, such articles are brought into compliance with the Act under supervision of authorized representatives of the Secretary. “(c) All charges for storage, cartage, and labor with respect to any article which is imported contrary to this section shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against such article and any other article thereafter imported under this Act by or for such owner or consignee. “(d) The knowing importation of any article contrary to this section is prohibited. “(e) Not later than March 1 of each year the Secretary shall submit Report to congressional committees. to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture and Forestry of the Senate a comprehensive and detailed written report with respect to the administration of this section during the immediately preceding calendar year. Such report shall include, but shall not be limited to— “(1) a certification by the Secretary that foreign plants exporting carcasses or meat or meat products referred to in subsection (a) of this section have complied with requirements at least equal to all the inspection, building construction standards, and all other provisions of this Act and regulations issued thereunder; “(2) the names and locations of plants authorized or permitted to have imported into the United States therefrom carcasses or meat or meat products referred to in subsection (a) of this section; “(3) the number of inspectors employed by the Department of Agriculture in the calendar year concerned who were assigned to inspect plants referred to in paragraph (e) (2) hereof and the frequency with which each such plant was inspected by such inspectors; “(4) the number of inspectors licensed by each country from which any imports subject to the provisions of this section were imported who were assigned, during the calendar year concerned, to inspect such imports and the facilities in which such imports were handled and the frequency and effectiveness of such inspections; and “(5) the total volume of carcasses or meat or meat, products referred to in subsection (a) of this section which was imported into the United States during the calendar year concerned from each country, including a separate itemization of the volume of each major category of such imports from each country during such year, and a detailed report of rejections of plants and products because of failure to meet appropriate standards prescribed by this Act”

3. 1978

   Pub. L. 95–445 § 4 · 92 Stat. 1069

   Changed · 21 U.S.C. § 620(a)

   Pub. L. 95–445 prohibited imports which do not comply with humane methods of slaughter

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–445 prohibited imports which do not comply with humane methods of slaughter.

   Enacted provision · exact public law section
   Sec. 4. Section 20(a) of the Federal Meat Inspection Act (21 U.S.C. 620) is amended by inserting after the first sentence a new sentence as follows: “No such carcasses, parts of carcasses, meat or meat food products shall be imported into the United States unless the livestock from which they were produced was slaughtered and handled in connection with slaughter in accordance with the Act of August 27, 1958 (72 Stat. 862; 7 U.S.C. 1901–1906).”.

4. 1981

   Agriculture and Food Act of 1981

   Pub. L. 97–98 title XI § 1122 · 95 Stat. 1213

   Added · 21 U.S.C. § 620(f)

   Pub. L. 97–98 added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 97–98 added subsec. (f).

   Enacted provision · exact public law section
   Sec. 1122. inspection and other standards for imported meat products Section 20 of the Federal Meat Inspection Act (21 U.S.C. 620) is amended by adding at the end thereof a new subsection as follows: “(f) Notwithstanding any other provision of law, all carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, goats, horses, mules, or other equines, capable of use as human food, offered for importation into the United States shall be subject to the inspection, sanitary, quality, species verification, and residue standards applied to products produced in the United States. Any such imported meat articles that do not meet such standards shall not be permitted entry into the United States. The Secretary shall enforce this provision through (1) the imposition of random inspections for such species verification and for residues, and (2) random sampling and testing of internal organs and fat of the carcasses for residues at the point of slaughter by the exporting country in accordance with methods Effective date. approved by the Secretary. The provisions of this subsection shall become effective six months after enactment of the Agriculture and Food Act of 1981.”.

5. 1985

   Food Security Act of 1985

   Pub. L. 99–198 § 1702(a) · 99 Stat. 1354

   1. Struck · 21 U.S.C. § 620(f)

      Pub. L. 99–198, § 1702(a), struck out provision which had made this subsection effective six months after Dec. 22, 1981

   2. Inserted · 21 U.S.C. § 620(f)

      Pub. L. 99–198, § 1702(a), inserted provisions requiring that each foreign country from which meat articles are offered for importation into the United States obtain a certification issued by the Secretary stating that the country maintains a program using reliable analytical methods to ensure compliance with the United States standards for residues in such meat articles, that no meat article be permitted entry into the United States from a country for which the Secretary has not issued such certification, that the Secretary periodically review such certifications and revoke any certification if the Secretary determines that the country involved is not maintaining a program that uses reliable analytical methods to ensure compliance with United States standards for residues in such meat articles, and that the consideration of any application for a certification under this subsection and the review of any such certification, by the Secretary, include the inspection of individual establishments to ensure that the inspection program of the foreign country involved is meeting such United States standards

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 99–198, § 1702(a), struck out provision which had made this subsection effective six months after Dec. 22, 1981, and inserted provisions requiring that each foreign country from which meat articles are offered for importation into the United States obtain a certification issued by the Secretary stating that the country maintains a program using reliable analytical methods to ensure compliance with the United States standards for residues in such meat articles, that no meat article be permitted entry into the United States from a country for which the Secretary has not issued such certification, that the Secretary periodically review such certifications and revoke any certification if the Secretary determines that the country involved is not maintaining a program that uses reliable analytical methods to ensure compliance with United States standards for residues in such meat articles, and that the consideration of any application for a certification under this subsection and the review of any such certification, by the Secretary, include the inspection of individual establishments to ensure that the inspection program of the foreign country involved is meeting such United States standards.

   Enacted provision · exact public law section
   (a) Section 20(f) of the Federal Meat Inspection Act (21 U.S.C. 620(f)) is amended by striking out the last sentence and inserting in lieu thereof the following: “Each foreign country from which such meat articles are offered for importation into the United States shall obtain a certification issued by the Secretary stating that the country maintains a program using reliable analytical methods to ensure compliance with the United States standards for residues in such meat articles. No such meat article shall be permitted entry into the United States from a country for which the Secretary has not issued such certification. The Secretary shall periodically review such certifications and shall revoke any certification if the Secretary determines that the country involved is not maintaining a program that uses reliable analytical methods to ensure compliance with United States standards for residues in such meat articles. The consideration of any application for a certification under this subsection and the review of any such certification, by the Secretary, shall include the inspection of individual establishments to ensure that the inspection program of the foreign country involved is meeting such United States standards.”.

6. 1985

   Food Security Act of 1985

   Pub. L. 99–198 § 1702(b) · 99 Stat. 1354

   Added · 21 U.S.C. § 620(g)

   Pub. L. 99–198, § 1702(b), added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 99–198, § 1702(b), added subsec. (g).

   Enacted provision · exact public law section
   (b) Section 20 of the Federal Meat Inspection Act (21 U.S.C. 620) is amended by adding at the end thereof the following: “(g) The Secretary may prescribe terms and conditions under which cattle, sheep, swine, goats, horses, mules, and other equines that have been administered an animal drug or antibiotic banned for use in the United States may be imported for slaughter and human consumption. No person shall enter cattle, sheep, swine, goats, horses, mules, and other equines into the United States in violation of any order issued under this subsection by the Secretary.”.

7. 1988

   Agricultural Competitiveness and Trade Act of 1988

   Pub. L. 100–418 § 4604(b) · 102 Stat. 1107

   Added · 21 U.S.C. § 620(e)(6)

   Pub. L. 100–418, § 4604(b), added par. (6)

   Source evidence

   Code amendment note
   Subsec. (e)(6). Pub. L. 100–418, § 4604(b), added par. (6).

   Enacted provision · exact public law section
   (b) Reports.— Section 20(e) of such Act is amended— 21 USC 620. (1) by striking out “and” at the end of paragraph (4); (2) by striking out the period at the end of paragraph (5) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new paragraph: “(6) the name of each foreign country that applies standards for the importation of meat articles from the United States that are described in subsection (h)(2).”.

8. 1988

   Agricultural Competitiveness and Trade Act of 1988

   Pub. L. 100–418 § 4604(a) · 102 Stat. 1107

   Added · 21 U.S.C. § 620(h)

   Pub. L. 100–418, § 4604(a), added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 100–418, § 4604(a), added subsec. (h).

   Enacted provision · exact public law section
   (a) In General.— Section 20 of the Federal Meat Inspection Act (21 U.S.C. 620) is amended by adding at the end thereof the following new subsection: “(h) (1) As used in this subsection: “(A) The term ‘meat articles’ means carcasses, meat and meat food products of cattle, sheep, swine, goats, horses, mules, or other equines, that are capable of use as human food. “(B) The term ‘standards’ means inspection, building construction, sanitary, quality, species verification, residue, and other standards that are applicable to meat articles. “(2) On request of the Committee on Agriculture or the Committee on Ways and Means of the House of Representatives or the Committee on Agriculture, Nutrition, and Forestry or the Committee on Finance of the Senate, or at the initiative of the Secretary, the Secretary shall, as soon as practicable, determine whether a particular foreign country applies standards for the importation of meat articles from the United States that are not related to public health concerns about end-product quality that can be substantiated by reliable analytical methods. “(3) If the Secretary determines that a foreign country applies standards described in paragraph (2)— “(A) the Secretary shall consult with the United States Trade Representative; and “(B) within 30 days after the determination of the Secretary under paragraph (2), the Secretary and the United States Trade Representative shall recommend to the President whether action should be taken under paragraph (4). “(4) Within 30 days after receiving a recommendation for action under paragraph (3), the President shall, if and for such time as the President considers appropriate, prohibit imports into the United States of any meat articles produced in such foreign country unless it is determined that the meat articles produced in that country meet the standards applicable to meat articles in commerce within the United States. “(5) The action authorized under paragraph (4) may be used instead of, or in addition to, any other action taken under any other law.”.

9. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 361(f)(1) · 107 Stat. 2057

   Substituted · 21 U.S.C. § 620(e)

   Pub. L. 103–182, § 361(f)(1), substituted “not be limited to the following:” for “not be limited to—” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 103–182, § 361(f)(1), substituted “not be limited to the following:” for “not be limited to—” in introductory provisions.

   Enacted provision · exact public law section
   (1) by striking “not be limited to—” and inserting “not be limited to the following:”;

10. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 361(f)(2) · 107 Stat. 2057

    1. Added · 21 U.S.C. § 620(e)(1)(7)

       Pub. L. 103–182, § 361(f)(2)–(7), added pars. (1) and (2)

    2. Struck · 21 U.S.C. § 620(e)(1)(7)

       Pub. L. 103–182, § 361(f)(2)–(7), struck out former par. (1)

    3. Redesignated · 21 U.S.C. § 620(e)(1)(7)

       Pub. L. 103–182, § 361(f)(2)–(7), redesignated pars. (2) to (6) as (3) to (7), respectively

    4. Substituted · 21 U.S.C. § 620(e)(1)(7)

       Pub. L. 103–182, § 361(f)(2)–(7), substituted “The” for “the” at beginning of each par.

    5. Substituted · 21 U.S.C. § 620(e)(1)(7)

       Pub. L. 103–182, § 361(f)(2)–(7), substituted period for semicolon at end of pars. (3) to (5)

    6. Substituted · 21 U.S.C. § 620(e)(1)(7)

       Pub. L. 103–182, § 361(f)(2)–(7), substituted period for “; and” at end of par. (6). Prior to amendment, former par. (1) read as follows: “a certification by the Secretary that foreign plants exporting carcasses or meat or meat products referred to in subsection (a) of this section have complied with requirements at least equal to all the inspection, building construction standards, and all other provisions of this chapter and regulations issued thereunder;”

    Source evidence

    Code amendment note
    Subsec. (e)(1) to (7). Pub. L. 103–182, § 361(f)(2)–(7), added pars. (1) and (2), struck out former par. (1), redesignated pars. (2) to (6) as (3) to (7), respectively, substituted “The” for “the” at beginning of each par., substituted period for semicolon at end of pars. (3) to (5), and substituted period for “; and” at end of par. (6). Prior to amendment, former par. (1) read as follows: “a certification by the Secretary that foreign plants exporting carcasses or meat or meat products referred to in subsection (a) of this section have complied with requirements at least equal to all the inspection, building construction standards, and all other provisions of this chapter and regulations issued thereunder;”.

    Enacted provision · exact public law section
    (2) by striking paragraph (1);

11. 1994

    Pub. L. 103–437 § 8(2) · 108 Stat. 4581

    Substituted · 21 U.S.C. § 620(e)

    Pub. L. 103–437 substituted “Agriculture, Nutrition, and Forestry” for “Agriculture and Forestry” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–437 substituted “Agriculture, Nutrition, and Forestry” for “Agriculture and Forestry” in introductory provisions.

    Enacted provision · exact public law section
    (2) sections 20(e) and 301(c)(4) of the Federal Meat Inspection Act (21 U.S.C. 620(e), 661(c)(4)).

12. 1994

    Pub. L. 103–465 § 431 · 108 Stat. 4809

    Amended · 21 U.S.C. § 620(e)(1)(A); 21 U.S.C. § 620(e)(1)(B)

    Pub. L. 103–465, § 431(l)(1), amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows:

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A), (B). Pub. L. 103–465, § 431(l)(1), amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows:

    “(A) Subject to subparagraphs (B) and (C), a certification by the Secretary that foreign plants in Canada and Mexico that export carcasses or meat or meat products referred to in subsection (a) of this section have complied with paragraph (2) or with requirements that are equivalent to United States requirements with regard to all inspection and building construction standards, and all other provisions of this chapter and regulations issued under this chapter. “(B) Subject to subparagraph (C), the Secretary may treat as equivalent to a United States requirement a requirement described in subparagraph (A) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies agreed to by the Secretary and the exporting country, to demonstrate that the requirement or standard of the exporting country achieves the level of protection that the Secretary considers appropriate.”

    Enacted provision · exact public law section
    SEC. 431. SANITARY AND PHYTOSANITARY MEASURES. (a) Trade Agreements Act of 1979.— Section 414 of the Trade Agreements Act of 1979 (19 U.S.C. 2544) is amended by adding at the end the following: “(c) Sanitary and Phytosanitary Measures.— “(1) Public information.— The standards information center shall, in addition to the functions specified under subsection (b), make available to the public relevant documents, at such reasonable fees as the Secretary of Commerce may prescribe, and information regarding— “(A) any sanitary or phytosanitary measure of general application, including any inspection procedure or approval procedure proposed, adopted, or maintained by a Federal agency or agency of a State or local government; “(B) the procedures of a Federal agency or an agency of a State or local government for risk assessment and factors the agency considers in conducting the assessment; “(C) the determination of the levels of protection that a Federal agency or an agency of a State or local government considers appropriate; and “(D) the membership and participation of the Federal Government and State and local governments in international and regional sanitary and phytosanitary organizations and systems, and in bilateral and multilateral arrangements regarding sanitary and phytosanitary measures, and the provisions of those systems and arrangements. “(2) Definitions.— The definitions in section 463 apply for purposes of this subsection.”. (b) Railway Car Inspection.— Subsection (a) of the Act of January 31, 1942 (56 Stat 40, chapter 31; 7 U.S.C. 149), is amended by striking “from Mexico”. (c) Federal Plant Pest Act.— The Federal Plant Pest Act (7 U.S.C. 150aa et seq.) is amended— (1) so that section 103 (7 U.S.C. 150bb) reads as follows: “SEC. 103. MOVEMENT OF PESTS PROHIBITED. “(a) In General.— No person shall import or enter any plant pest into the United States, or move any plant pest interstate, or accept delivery of any plant pest moving from any foreign country into or through the United States, or interstate, unless the movement is made in accordance with such regulations as the Secretary may promulgate to prevent the dissemination into the United States, or interstate, of plant pests. “(b) Regulations.— The regulations promulgated by the Secretary to implement subsection (a) may include regulations requiring that a plant pest moving into or through the United States, or interstate— “(1) be accompanied by a permit issued by the Secretary prior to the movement of the plant pest; or “(2) be accompanied by a certificate of inspection issued, in a manner and form required by the Secretary, by appropriate officials of the country or State from which the plant pest is to be moved.”; and (2) in section 104 (7 U.S.C. 150cc)— (A) so that subsection (a) reads as follows: “(a) Any letter, parcel, box, or other package containing any plant pest, whether sealed as letter-rate postal matter or not, is nonmailable, and shall not knowingly be conveyed in the mail or delivered from any post office or by any mail carrier, unless it is mailed in conformance with such regulations as the Secretary may promulgate to prevent the dissemination into the United States, or interstate, of plant pests.”; (B) by striking subsection (b); and (C) by redesignating subsections (c) and (d) as sub-sections (b) and (c), respectively. (d) Plant Quarantine Act.— The Act of August 20, 1912 (37 Stat 315, chapter 308; 7 U.S.C. 151 et seq.) (commonly known as the “Plant Quarantine Act”) is amended— (1) so that the first section (7 U.S.C. 151) reads as follows: “SECTION 1. IMPORTATION OF NURSERY STOCK. “(a) In General.— No person shall— “(1) import or enter into the United States any nursery stock; or “(2) accept delivery of any nursery stock moving from any foreign country into or through the United States; unless the movement is made in accordance with such regulations as the Secretary of Agriculture may promulgate to prevent dissemination into the United States of plant pests, plant diseases, or insect pests. “(b) Regulations.— The regulations promulgated by the Secretary of Agriculture to implement subsection (a) may include regulations requiring that nursery stock moving into or through the United States— “(1) be accompanied by a permit issued by the Secretary of Agriculture prior to the movement of the nursery stock; “(2) be accompanied by a certificate of inspection issued, in a manner and form required by the Secretary of Agriculture, by appropriate officials of the country or State from which the nursery stock is to be moved; “(3) be grown under post entry quarantine conditions by or under the supervision of the Secretary of Agriculture for the purposes of determining whether the nursery stock may be infested with plant pests or insect pests, or infected with plant diseases, not discernible by port-of-entry inspection; and “(4) if the nursery stock is found to be infested with plant pests or insect pests or infected with plant diseases, be subject to remedial measures the Secretary of Agriculture determines to be necessary to prevent the spread of plant pests, insect pests, or plant diseases.”; and (2) so that the last sentence of section 2 (7 U.S.C. 156) reads as follows: “This section does not apply to nursery stock that is imported or entered from a country or a region of a country that the Secretary of Agriculture designates, pursuant to procedures set forth in such regulations as the Secretary may promulgate, as exempt from the requirements of this section.”. (e) Honeybee Importation.— The first section of the Act of August 31, 1922 (42 Stat 833, chapter 301; 7 U.S.C. 281) (commonly known as the “Honeybee Act”), is amended to read as follows: “SECTION 1. HONEYBEE IMPORTATION. “(a) In General.— The Secretary of Agriculture is authorized to prohibit or restrict the importation or entry of honeybees and honeybee semen into or through the United States in order to prevent the introduction and spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable germ plasm of honeybees, or the introduction and spread of undesirable species or subspecies of honeybees and the semen of honeybees. “(b) Regulations.— The Secretary of Agriculture and the Secretary of the Treasury are each authorized to prescribe such regulations as the respective Secretary determines necessary to carry out this section. “(c) Enforcement.— Honeybees or honeybee semen offered for importation into, intercepted entering, or having entered the United States, other than in accordance with regulations promulgated by the Secretary of Agriculture and the Secretary or the Treasury, shall be destroyed or immediately exported. “(d) Definition.— As used in this Act, the term ‘honeybee’ means all life stages and the germ plasm of honeybees of the genus Apis, except honeybee semen.”. (f) Federal Noxious Weed Act of 1974.— Section 4 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2803) is amended so that subsections (a) through (b) read as follows: “(a) No person shall import or enter any noxious weed identified in a regulation promulgated by the Secretary into or through the United States or move any noxious weed interstate, unless the movement is in accordance with such conditions as the Secretary may prescribe by regulation under this Act to prevent the dissemination into the United States, or interstate, of such noxious weeds. “(b) The regulations prescribed by the Secretary to implement subsection (a) may include regulations requiring that any noxious weed imported or entered into the United States or moving inter-state be accompanied by a permit issued by the Secretary prior to the movement of the noxious weed”. (g) Tariff Act of 1930.— Section 306(b) of the Tariff Act of 1930 (19 U.S.C. 1306(b)) is amended by inserting before the period at the end the following: or is, and is likely to remain, a region of low prevalence of rinderpest and foot-and-mouth disease”. (h) Importation of Animals.— Section 6 of the Act of August 30, 1890 (26 Stat 416, chapter 839; 21 U.S.C. 104), is amended to read as follows: “SEC. 6. IMPORTATION OF ANIMALS. “(a) In General.— The Secretary of Agriculture may by regulation prohibit or restrict the importation or entry of any cattle, sheep, or other ruminants, or swine, that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States to prevent the dissemination into the United States of a disease. “(b) Penalties.— “(1) Criminal.— Any person who knowingly violates any regulation promulgated by the Secretary pursuant to this section, or any provision of sections 7 through 10 or any regulation promulgated by the Secretary pursuant to such sections, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both. “(2) Civil.— Any person who violates any such provision or any such regulation may be assessed a civil penalty by the Secretary of Agriculture not exceeding $1,000. The Secretary may issue an order assessing the civil penalty only after notice and an opportunity for an agency hearing on the record. The order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of the order may not be reviewed in an action to collect such civil penalty.”. (i) Inspection of Animals.— Section 10 of the Act of August 30, 1890 (26 Stat. 417, chapter 839; 21 U.S.C. 105), is amended— (1) in subsection (a)— (A) by striking “(a) In General.—Except as provided in subsection (b), the” and inserting “The”; (B) in the first sentence, by striking “shall cause careful inspection to be made by a suitable officer of all” and inserting “may cause careful inspection of any”; and (C) in the third sentence, by striking “they shall not be allowed to be placed” and inserting “the Secretary may prohibit or restrict their placement”; and (2) by striking subsection (b). (j) International Animal Quarantine Station.— The 6th sentence in the first section of Public Law 91–239 (21 U.S.C. 135) is amended— (1) by striking “North American”; and (2) by striking “within the United States”. (k) Poultry Products Inspection Act.— Section 17(d) of the Poultry Products Inspection Act (21 U.S.C. 466) is amended— (1) by amending paragraph (1) to read as follows: “(1) Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for importation into the United States shall— “(A) be subject to inspection, sanitary, quality, species verification, and residue standards that achieve a level of sanitary protection equivalent to that achieved under United States standards; and “(B) have been processed in facilities and under conditions that achieve a level of sanitary protection equivalent to that achieved under United States standards.”; and (2) in paragraph (2)— (A) by amending subparagraph (A) to read as follows: “(A) The Secretary may treat as equivalent to a United States standard a standard of an exporting country described in paragraph (1) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the Secretary, to demonstrate that the standard oi the exporting country achieves the level of sanitary protection achieved under the United States standard. For the purposes of this subsection, the term ‘sanitary protection’ means protection to safeguard public health.”; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). (l) Federal Meat Inspection Act.— Section 20(e) of the Federal Meat Inspection Act (21 U.S.C. 620(e)) is amended— (1) so that subparagraphs (A) through (B) of paragraph (1) read as follows: “(A) A certification by the Secretary that foreign plants exporting carcasses or meat or meat products referred to in subsection (a) have complied with requirements that achieve a level of sanitary protection equivalent to that achieved under United States requirements with regard to all inspection, building construction standards, and all other provisions of this Act and regulations issued under this Act. “(B) The Secretary may treat as equivalent to a United States requirement a requirement described in subparagraph (A) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the Secretary, to demonstrate that the requirement achieves the level of sanitary protection achieved under the United States requirement For the purposes of this subsection, the term ‘sanitary protection’ means protection to safeguard public health.”; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively.

13. 1994

    Pub. L. 103–465 § 431 · 108 Stat. 4809

    1. Redesignated · 21 U.S.C. § 620(e)(2)(7)

       Pub. L. 103–465, § 431(l)(2), (3), redesignated pars. (3) to (7) as (2) to (6), respectively

    2. Struck · 21 U.S.C. § 620(e)(2)(7)

       Pub. L. 103–465, § 431(l)(2), (3), struck out former par. (2) which read as follows: “A certification by the Secretary that, except as provided in paragraph (1), foreign plants that export carcasses or meat or meat products referred to in subsection (a) of this section have complied with requirements that are at least equal to all inspection and building construction standards and all other provisions of this chapter and regulations issued under this chapter.”

    Source evidence

    Code amendment note
    Subsec. (e)(2) to (7). Pub. L. 103–465, § 431(l)(2), (3), redesignated pars. (3) to (7) as (2) to (6), respectively, and struck out former par. (2) which read as follows: “A certification by the Secretary that, except as provided in paragraph (1), foreign plants that export carcasses or meat or meat products referred to in subsection (a) of this section have complied with requirements that are at least equal to all inspection and building construction standards and all other provisions of this chapter and regulations issued under this chapter.”

    Enacted provision · exact public law section
    SEC. 431. SANITARY AND PHYTOSANITARY MEASURES. (a) Trade Agreements Act of 1979.— Section 414 of the Trade Agreements Act of 1979 (19 U.S.C. 2544) is amended by adding at the end the following: “(c) Sanitary and Phytosanitary Measures.— “(1) Public information.— The standards information center shall, in addition to the functions specified under subsection (b), make available to the public relevant documents, at such reasonable fees as the Secretary of Commerce may prescribe, and information regarding— “(A) any sanitary or phytosanitary measure of general application, including any inspection procedure or approval procedure proposed, adopted, or maintained by a Federal agency or agency of a State or local government; “(B) the procedures of a Federal agency or an agency of a State or local government for risk assessment and factors the agency considers in conducting the assessment; “(C) the determination of the levels of protection that a Federal agency or an agency of a State or local government considers appropriate; and “(D) the membership and participation of the Federal Government and State and local governments in international and regional sanitary and phytosanitary organizations and systems, and in bilateral and multilateral arrangements regarding sanitary and phytosanitary measures, and the provisions of those systems and arrangements. “(2) Definitions.— The definitions in section 463 apply for purposes of this subsection.”. (b) Railway Car Inspection.— Subsection (a) of the Act of January 31, 1942 (56 Stat 40, chapter 31; 7 U.S.C. 149), is amended by striking “from Mexico”. (c) Federal Plant Pest Act.— The Federal Plant Pest Act (7 U.S.C. 150aa et seq.) is amended— (1) so that section 103 (7 U.S.C. 150bb) reads as follows: “SEC. 103. MOVEMENT OF PESTS PROHIBITED. “(a) In General.— No person shall import or enter any plant pest into the United States, or move any plant pest interstate, or accept delivery of any plant pest moving from any foreign country into or through the United States, or interstate, unless the movement is made in accordance with such regulations as the Secretary may promulgate to prevent the dissemination into the United States, or interstate, of plant pests. “(b) Regulations.— The regulations promulgated by the Secretary to implement subsection (a) may include regulations requiring that a plant pest moving into or through the United States, or interstate— “(1) be accompanied by a permit issued by the Secretary prior to the movement of the plant pest; or “(2) be accompanied by a certificate of inspection issued, in a manner and form required by the Secretary, by appropriate officials of the country or State from which the plant pest is to be moved.”; and (2) in section 104 (7 U.S.C. 150cc)— (A) so that subsection (a) reads as follows: “(a) Any letter, parcel, box, or other package containing any plant pest, whether sealed as letter-rate postal matter or not, is nonmailable, and shall not knowingly be conveyed in the mail or delivered from any post office or by any mail carrier, unless it is mailed in conformance with such regulations as the Secretary may promulgate to prevent the dissemination into the United States, or interstate, of plant pests.”; (B) by striking subsection (b); and (C) by redesignating subsections (c) and (d) as sub-sections (b) and (c), respectively. (d) Plant Quarantine Act.— The Act of August 20, 1912 (37 Stat 315, chapter 308; 7 U.S.C. 151 et seq.) (commonly known as the “Plant Quarantine Act”) is amended— (1) so that the first section (7 U.S.C. 151) reads as follows: “SECTION 1. IMPORTATION OF NURSERY STOCK. “(a) In General.— No person shall— “(1) import or enter into the United States any nursery stock; or “(2) accept delivery of any nursery stock moving from any foreign country into or through the United States; unless the movement is made in accordance with such regulations as the Secretary of Agriculture may promulgate to prevent dissemination into the United States of plant pests, plant diseases, or insect pests. “(b) Regulations.— The regulations promulgated by the Secretary of Agriculture to implement subsection (a) may include regulations requiring that nursery stock moving into or through the United States— “(1) be accompanied by a permit issued by the Secretary of Agriculture prior to the movement of the nursery stock; “(2) be accompanied by a certificate of inspection issued, in a manner and form required by the Secretary of Agriculture, by appropriate officials of the country or State from which the nursery stock is to be moved; “(3) be grown under post entry quarantine conditions by or under the supervision of the Secretary of Agriculture for the purposes of determining whether the nursery stock may be infested with plant pests or insect pests, or infected with plant diseases, not discernible by port-of-entry inspection; and “(4) if the nursery stock is found to be infested with plant pests or insect pests or infected with plant diseases, be subject to remedial measures the Secretary of Agriculture determines to be necessary to prevent the spread of plant pests, insect pests, or plant diseases.”; and (2) so that the last sentence of section 2 (7 U.S.C. 156) reads as follows: “This section does not apply to nursery stock that is imported or entered from a country or a region of a country that the Secretary of Agriculture designates, pursuant to procedures set forth in such regulations as the Secretary may promulgate, as exempt from the requirements of this section.”. (e) Honeybee Importation.— The first section of the Act of August 31, 1922 (42 Stat 833, chapter 301; 7 U.S.C. 281) (commonly known as the “Honeybee Act”), is amended to read as follows: “SECTION 1. HONEYBEE IMPORTATION. “(a) In General.— The Secretary of Agriculture is authorized to prohibit or restrict the importation or entry of honeybees and honeybee semen into or through the United States in order to prevent the introduction and spread of diseases and parasites harmful to honeybees, the introduction of genetically undesirable germ plasm of honeybees, or the introduction and spread of undesirable species or subspecies of honeybees and the semen of honeybees. “(b) Regulations.— The Secretary of Agriculture and the Secretary of the Treasury are each authorized to prescribe such regulations as the respective Secretary determines necessary to carry out this section. “(c) Enforcement.— Honeybees or honeybee semen offered for importation into, intercepted entering, or having entered the United States, other than in accordance with regulations promulgated by the Secretary of Agriculture and the Secretary or the Treasury, shall be destroyed or immediately exported. “(d) Definition.— As used in this Act, the term ‘honeybee’ means all life stages and the germ plasm of honeybees of the genus Apis, except honeybee semen.”. (f) Federal Noxious Weed Act of 1974.— Section 4 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2803) is amended so that subsections (a) through (b) read as follows: “(a) No person shall import or enter any noxious weed identified in a regulation promulgated by the Secretary into or through the United States or move any noxious weed interstate, unless the movement is in accordance with such conditions as the Secretary may prescribe by regulation under this Act to prevent the dissemination into the United States, or interstate, of such noxious weeds. “(b) The regulations prescribed by the Secretary to implement subsection (a) may include regulations requiring that any noxious weed imported or entered into the United States or moving inter-state be accompanied by a permit issued by the Secretary prior to the movement of the noxious weed”. (g) Tariff Act of 1930.— Section 306(b) of the Tariff Act of 1930 (19 U.S.C. 1306(b)) is amended by inserting before the period at the end the following: or is, and is likely to remain, a region of low prevalence of rinderpest and foot-and-mouth disease”. (h) Importation of Animals.— Section 6 of the Act of August 30, 1890 (26 Stat 416, chapter 839; 21 U.S.C. 104), is amended to read as follows: “SEC. 6. IMPORTATION OF ANIMALS. “(a) In General.— The Secretary of Agriculture may by regulation prohibit or restrict the importation or entry of any cattle, sheep, or other ruminants, or swine, that are diseased or infected with any disease, or that have been exposed to an infection, into or through the United States to prevent the dissemination into the United States of a disease. “(b) Penalties.— “(1) Criminal.— Any person who knowingly violates any regulation promulgated by the Secretary pursuant to this section, or any provision of sections 7 through 10 or any regulation promulgated by the Secretary pursuant to such sections, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both. “(2) Civil.— Any person who violates any such provision or any such regulation may be assessed a civil penalty by the Secretary of Agriculture not exceeding $1,000. The Secretary may issue an order assessing the civil penalty only after notice and an opportunity for an agency hearing on the record. The order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. The validity of the order may not be reviewed in an action to collect such civil penalty.”. (i) Inspection of Animals.— Section 10 of the Act of August 30, 1890 (26 Stat. 417, chapter 839; 21 U.S.C. 105), is amended— (1) in subsection (a)— (A) by striking “(a) In General.—Except as provided in subsection (b), the” and inserting “The”; (B) in the first sentence, by striking “shall cause careful inspection to be made by a suitable officer of all” and inserting “may cause careful inspection of any”; and (C) in the third sentence, by striking “they shall not be allowed to be placed” and inserting “the Secretary may prohibit or restrict their placement”; and (2) by striking subsection (b). (j) International Animal Quarantine Station.— The 6th sentence in the first section of Public Law 91–239 (21 U.S.C. 135) is amended— (1) by striking “North American”; and (2) by striking “within the United States”. (k) Poultry Products Inspection Act.— Section 17(d) of the Poultry Products Inspection Act (21 U.S.C. 466) is amended— (1) by amending paragraph (1) to read as follows: “(1) Notwithstanding any other provision of law, all poultry, or parts or products of poultry, capable of use as human food offered for importation into the United States shall— “(A) be subject to inspection, sanitary, quality, species verification, and residue standards that achieve a level of sanitary protection equivalent to that achieved under United States standards; and “(B) have been processed in facilities and under conditions that achieve a level of sanitary protection equivalent to that achieved under United States standards.”; and (2) in paragraph (2)— (A) by amending subparagraph (A) to read as follows: “(A) The Secretary may treat as equivalent to a United States standard a standard of an exporting country described in paragraph (1) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the Secretary, to demonstrate that the standard oi the exporting country achieves the level of sanitary protection achieved under the United States standard. For the purposes of this subsection, the term ‘sanitary protection’ means protection to safeguard public health.”; (B) by striking subparagraph (B); and (C) by redesignating subparagraph (C) as subparagraph (B). (l) Federal Meat Inspection Act.— Section 20(e) of the Federal Meat Inspection Act (21 U.S.C. 620(e)) is amended— (1) so that subparagraphs (A) through (B) of paragraph (1) read as follows: “(A) A certification by the Secretary that foreign plants exporting carcasses or meat or meat products referred to in subsection (a) have complied with requirements that achieve a level of sanitary protection equivalent to that achieved under United States requirements with regard to all inspection, building construction standards, and all other provisions of this Act and regulations issued under this Act. “(B) The Secretary may treat as equivalent to a United States requirement a requirement described in subparagraph (A) if the exporting country provides the Secretary with scientific evidence or other information, in accordance with risk assessment methodologies determined appropriate by the Secretary, to demonstrate that the requirement achieves the level of sanitary protection achieved under the United States requirement For the purposes of this subsection, the term ‘sanitary protection’ means protection to safeguard public health.”; (2) by striking paragraph (2); and (3) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively.

14. 2005

    Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006

    Pub. L. 109–97 title VII § 798 · 119 Stat. 2120

    Substituted · 21 U.S.C. § 620(g)

    Pub. L. 109–97 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines” in two places

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 109–97 substituted “amenable species” for “cattle, sheep, swine, goats, horses, mules, and other equines” in two places.

    Enacted provision · exact public law section
    Sec. 798. Amenable Species.— The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended— (1) 21 USC 603–605, 608, 609, 615, 617, 618, 620, 621. 21 USC 601. by striking “cattle, sheep, swine, goats, horses, mules, and other equines” each place it appears and inserting “amenable species”; (2) in section 1, by adding at the end the following new subsection: “(w) The term ‘amenable species’ means— “(1) those species subject to the provisions of this Act on the day before the date of the enactment of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006; and “(2) any additional species of livestock that the Secretary considers appropriate.” ; and (3) in section 21 USC 619. 19— (A) by striking “horses, mules, or other equines” and inserting “species designated by regulations in effect on the day before the date of the enactment of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006”; and (B) by striking “cattle, sheep, swine, or goats” and inserting “other amenable species”. (b) Effective Date.— The amendments made by subsection (a) shall take effect on the day after the effective date of section 794 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006.

    Effective date note
    Amendment by Pub. L. 109–97 effective the day after 120 days after Nov. 10, 2005, see section 798(b) of Pub. L. 109–97, set out as a note under section 601 of this title.

20 of 21 references resolved to an enrolled provision · 1 partial