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Title 7 — Agriculture

Chapter 11 — Honeybees

§ 281. Honeybee importation

Statutory text

(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 of the Treasury, shall be destroyed or immediately exported.

(d)

“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.

  1. 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. 833

  2. Pub. 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) ”;

  3. 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.

  4. 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.”; and

  5. North American Free Trade Agreement Implementation Act

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

    1. Inserted · 7 U.S.C. § 281(b)

      Pub. L. 103–182, § 361(d)(2)(B), inserted “(1)” after “only from”

    2. 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”.

  6. Pub. L. 103–465 title IV § 431(e) · 108 Stat. 4809

    1. Amended · 7 U.S.C. § 281

      Pub. L. 103–465 amended section generally

    2. 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
  1. 1922Aug. 31, 1922, ch. 301, § 1, 42 Stat. 833
  2. 1962Pub. L. 87–539, § 1, , 76 Stat. 169
  3. 1976Pub. L. 94–319, § 1, , 90 Stat. 709
  4. 1993Pub. L. 103–182, title III, § 361(d)(2), , 107 Stat. 2123
  5. 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.)

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USLM identifier /us/usc/t7/s281