Title 7 — Agriculture
Chapter 104 — Plant Protection
§ 7702. Definitions
Statutory text
In this chapter:
Article
The term “article” means any material or tangible object that could harbor plant pests or noxious weeds.
Biological control organism
The term “biological control organism” means any enemy, antagonist, or competitor used to control a plant pest or noxious weed.
Enter and entry
The terms “enter” and “entry” mean to move into, or the act of movement into, the commerce of the United States.
Export and exportation
The terms “export” and “exportation” mean to move from, or the act of movement from, the United States to any place outside the United States.
Import and importation
The terms “import” and “importation” mean to move into, or the act of movement into, the territorial limits of the United States.
Interstate
The term “interstate” means—
from one State into or through any other State; or
within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
Interstate commerce
The term “interstate commerce” means trade, traffic, or other commerce—
between a place in a State and a point in another State, or between points within the same State but through any place outside that State; or
within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
Means of conveyance
The term “means of conveyance” means any personal property used for or intended for use for the movement of any other personal property.
Move and related terms
The terms “move”, “moving”, and “movement” mean—
to carry, enter, import, mail, ship, or transport;
to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting;
to offer to carry, enter, import, mail, ship, or transport;
to receive to carry, enter, import, mail, ship, or transport;
to release into the environment; or
to allow any of the activities described in a preceding subparagraph.
Noxious weed
The term “noxious weed” means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment.
Permit
The term “permit” means a written or oral authorization, including by electronic methods, by the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Secretary.
Person
The term “person” means any individual, partnership, corporation, association, joint venture, or other legal entity.
Plant
The term “plant” means any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed.
Plant pest
The term “plant pest” means any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product:
A protozoan.
A nonhuman animal.
A parasitic plant.
A bacterium.
A fungus.
A virus or viroid.
An infectious agent or other pathogen.
Any article similar to or allied with any of the articles specified in the preceding subparagraphs.
Plant product
The term “plant product” means—
any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant; or
any manufactured or processed plant or plant part.
Secretary
The term “Secretary” means the Secretary of Agriculture.
State
The term “State” means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
Systems approach
For the purposes of section 7712(e) of this title, the term “systems approach” means a defined set of phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the movement of commodities.
This chapter
Except when used in this section, the term “this chapter” includes any regulation or order issued by the Secretary under the authority of this chapter.
United States
The term “United States” means all of the States.
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.
Plant Protection Act
Pub. L. 106–224 title IV § 403 · 114 Stat. 358
Enacted · 7 U.S.C. § 7702
(Pub. L. 106–224, title IV, § 403, June 20, 2000, 114 Stat. 438.)
Source evidence
Code source credit
(Pub. L. 106–224, title IV, § 403, June 20, 2000, 114 Stat. 438.)Enacted provision · exact public law section
SEC. 403. DEFINITIONS. In this title: (1) Article.— The term “article” means any material or tangible object that could harbor plant pests or noxious weeds. (2) Biological control organism.— The term “biological control organism” means any enemy, antagonist, or competitor used to control a plant pest or noxious weed. (3) Enter and entry.— The terms “enter” and “entry” mean to move into, or the act of movement into, the commerce of the United States. (4) Export and exportation.— The terms “export” and “exportation” mean to move from, or the act of movement from, the United States to any place outside the United States. (5) Import and importation.— The terms “import” and “importation” mean to move into, or the act of movement into, the territorial limits of the United States. (6) Interstate.— The term “interstate” means— (A) from one State into or through any other State; or (B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. (7) Interstate commerce.— The term “interstate commerce” means trade, traffic, or other commerce— (A) between a place in a State and a point in another State, or between points within the same State but through any place outside that State; or (B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. (8) Means of conveyance.— The term “means of conveyance” means any personal property used for or intended for use for the movement of any other personal property. (9) Move and related terms.— The terms “move”, “moving”, and “movement” mean— (A) to carry, enter, import, mail, ship, or transport; (B) to aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or transporting; (C) to offer to carry, enter, import, mail, ship, or transport; (D) to receive to carry, enter, import, mail, ship, or transport; (E) to release into the environment; or (F) to allow any of the activities described in a preceding subparagraph. (10) Noxious weed.— The term “noxious weed” means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, the public health, or the environment. (11) Permit.— The term “permit” means a written or oral authorization, including by electronic methods, by the Secretary to move plants, plant products, biological control organisms, plant pests, noxious weeds, or articles under conditions prescribed by the Secretary. (12) Person.— The term “person” means any individual, partnership, corporation, association, joint venture, or other legal entity. (13) Plant.— The term “plant” means any plant (including any plant part) for or capable of propagation, including a tree, a tissue culture, a plantlet culture, pollen, a shrub, a vine, a cutting, a graft, a scion, a bud, a bulb, a root, and a seed. (14) Plant pest.— The term “plant pest” means any living stage of any of the following that can directly or indirectly injure, cause damage to, or cause disease in any plant or plant product: (A) A protozoan. (B) A nonhuman animal. (C) A parasitic plant. (D) A bacterium. (E) A fungus. (F) A virus or viroid. (G) An infectious agent or other pathogen. (H) Any article similar to or allied with any of the articles specified in the preceding subparagraphs. (15) Plant product.— The term “plant product” means— (A) any flower, fruit, vegetable, root, bulb, seed, or other plant part that is not included in the definition of plant; or (B) any manufactured or processed plant or plant part. (16) Secretary.— The term “Secretary” means the Secretary of Agriculture. (17) State.— The term “State” means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States. (18) Systems approach.— For the purposes of section 412(e), the term “systems approach” means a defined set of phytosanitary procedures, at least two of which have an independent effect in mitigating pest risk associated with the movement of commodities. (19) This title.— Except when used in this section, the term “this title” includes any regulation or order issued by the Secretary under the authority of this title. (20) United states.— The term “United States” means all of the States.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 106–224, , 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables.