Title 7 — Agriculture
Chapter 11 — Honeybees
§ 281. Honeybee importation
Statutory text
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.
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.
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 of the Treasury, shall be destroyed or immediately exported.
“Honeybee” defined
As used in this chapter, the term “honeybee” means all life stages and the germ plasm of honeybees of the genus Apis, except honeybee semen.
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.
Pub. L. 67–301 § 1 · 42 Stat. 833
Enacted · 7 U.S.C. § 281
Aug. 31, 1922, ch. 301, § 1, 42 Stat. 833
Source evidence
Code source credit
Aug. 31, 1922, ch. 301, § 1, 42 Stat. 833Pub. L. 87–539 § 1 · 76 Stat. 169
Changed · 7 U.S.C. § 281
Pub. L. 87–539 enlarged prohibition against importation of honeybees to include the honeybee of the genus Apis instead of only the honeybee Apis mellifica and restricted permission to import the honeybee to countries which take adequate precautions to prevent importation of honeybees from countries where dangerous diseases exist
Source evidence
Code amendment note
Pub. L. 87–539 enlarged prohibition against importation of honeybees to include the honeybee of the genus Apis instead of only the honeybee Apis mellifica and restricted permission to import the honeybee to countries which take adequate precautions to prevent importation of honeybees from countries where dangerous diseases exist.Enacted provision · exact public law section
(1) by striking out “(4)” each place it appears in subsections (a) and (b) thereof and inserting in lieu thereof “(4)(A) ”;Pub. L. 94–319 § 1 · 90 Stat. 709
Changed · 7 U.S.C. § 281
Pub. L. 94–319 incorporated existing provisions, which related only to honeybees, into subsecs. (a) to (e) relating to honeybees and honeybee semen, making honeybee provisions applicable to all life stages and the germ plasm of honeybees instead of only to honeybees in the adult stage, restating purpose of prohibiting importation of honeybees and restating conditions to be determined by Secretary of Agriculture with respect to countries from which honeybees may be imported
Source evidence
Code amendment note
Pub. L. 94–319 incorporated existing provisions, which related only to honeybees, into subsecs. (a) to (e) relating to honeybees and honeybee semen, making honeybee provisions applicable to all life stages and the germ plasm of honeybees instead of only to honeybees in the adult stage, restating purpose of prohibiting importation of honeybees and restating conditions to be determined by Secretary of Agriculture with respect to countries from which honeybees may be imported.North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 361(d)(2)(A) · 107 Stat. 2057
Added · 7 U.S.C. § 281(a)(3)
Pub. L. 103–182, § 361(d)(2)(A), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 103–182, § 361(d)(2)(A), added par. (3).Enacted provision · exact public law section
(A) in subsection (a)— (i) by striking “, or” at the end of paragraph (1) and inserting a semicolon; (ii) by striking the period at the end of paragraph (2) and inserting “; or”; and (iii) by adding at the end the following new paragraph: “(3) from Canada or Mexico, subject to such terms and conditions as the Secretary of Agriculture determines appropriate, if the Secretary determines that the region of Canada or Mexico from which the honeybees originated is, and is likely to remain, free of diseases or parasites harmful to honeybees, and undesirable species or subspecies of honeybees.”; andNorth American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 361(d)(2)(B) · 107 Stat. 2057
Inserted · 7 U.S.C. § 281(b)
Pub. L. 103–182, § 361(d)(2)(B), inserted “(1)” after “only from”
Added · 7 U.S.C. § 281(b)
Pub. L. 103–182, § 361(d)(2)(B), added cl. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–182, § 361(d)(2)(B), inserted “(1)” after “only from” and added cl. (2).Enacted provision · exact public law section
(B) in subsection (b)— (i) by inserting “(1)” after “imported into the United States only from”; and (ii) by inserting before the period the following: “, or (2) Canada or Mexico, if the Secretary of Agriculture determines that the region of Canada or Mexico from which the imports originate is, and is likely to remain, free of undesirable species or subspecies of honeybees”.Pub. L. 103–465 title IV § 431(e) · 108 Stat. 4809
Amended · 7 U.S.C. § 281
Pub. L. 103–465 amended section generally
Substituted · 7 U.S.C. § 281
Pub. L. 103–465 substituting present provisions for former subsecs. (a) to (e) restricting importation of honeybees and honeybee semen into United States, providing for promulgation of rules and regulations as to such importation, providing for destruction or immediate exportation of nonexcepted honeybees or honeybee semen offered for import or intercepted, and defining “honeybee”
Source evidence
Code amendment note
Pub. L. 103–465 amended section generally, substituting present provisions for former subsecs. (a) to (e) restricting importation of honeybees and honeybee semen into United States, providing for promulgation of rules and regulations as to such importation, providing for destruction or immediate exportation of nonexcepted honeybees or honeybee semen offered for import or intercepted, and defining “honeybee”.Enacted provision · exact public law 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.”.Effective date note
Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (Jan. 1, 1995), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.
6 of 8 references resolved to an enrolled provision · 2 partial
Editorial Notes
Amendments1962–1994 · 4 rounds
1994
Pub. L. 103–465 amended section generally, substituting present provisions for former subsecs. (a) to (e) restricting importation of honeybees and honeybee semen into United States, providing for promulgation of rules and regulations as to such importation, providing for destruction or immediate exportation of nonexcepted honeybees or honeybee semen offered for import or intercepted, and defining “honeybee”.
1993
Subsec. (a)(3). Pub. L. 103–182, § 361(d)(2)(A), added par. (3).
Subsec. (b). Pub. L. 103–182, § 361(d)(2)(B), inserted “(1)” after “only from” and added cl. (2).
1976
Pub. L. 94–319 incorporated existing provisions, which related only to honeybees, into subsecs. (a) to (e) relating to honeybees and honeybee semen, making honeybee provisions applicable to all life stages and the germ plasm of honeybees instead of only to honeybees in the adult stage, restating purpose of prohibiting importation of honeybees and restating conditions to be determined by Secretary of Agriculture with respect to countries from which honeybees may be imported.
1962
Pub. L. 87–539 enlarged prohibition against importation of honeybees to include the honeybee of the genus Apis instead of only the honeybee Apis mellifica and restricted permission to import the honeybee to countries which take adequate precautions to prevent importation of honeybees from countries where dangerous diseases exist.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States (), except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties.
Short Title
Act , as amended, which is classified to this chapter, is popularly known as the “Honeybee Act”.
Transfer of Functions
For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this section 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 , as modified, set out as a note under section 542 of Title 6.
Credits
1922–1994 · 5 acts
- 1922Aug. 31, 1922, ch. 301, § 1, 42 Stat. 833
- 1962Pub. L. 87–539, § 1, , 76 Stat. 169
- 1976Pub. L. 94–319, § 1, , 90 Stat. 709
- 1993Pub. L. 103–182, title III, § 361(d)(2), , 107 Stat. 2123
- 1994Pub. L. 103–465, title IV, § 431(e), , 108 Stat. 4968.
Show as published
(Aug. 31, 1922, ch. 301, § 1, 42 Stat. 833; Pub. L. 87–539, § 1, , 76 Stat. 169; Pub. L. 94–319, § 1, , 90 Stat. 709; Pub. L. 103–182, title III, § 361(d)(2), , 107 Stat. 2123; Pub. L. 103–465, title IV, § 431(e), , 108 Stat. 4968.)