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Title 7 — Agriculture

Chapter 104 — Plant Protection

§ 7713. Notification and holding requirements upon arrival

Statutory text

(a)

Duty of Secretary of the Treasury

(1)

Notification

The Secretary of the Treasury shall promptly notify the Secretary of Agriculture of the arrival of any plant, plant product, biological control organism, plant pest, or noxious weed at a port of entry.

(2)

Holding

The Secretary of the Treasury shall hold a plant, plant product, biological control organism, plant pest, or noxious weed for which notification is made under paragraph (1) at the port of entry until the plant, plant product, biological control organism, plant pest, or noxious weed—

(A)

is inspected and authorized for entry into or transit movement through the United States; or

(B)

is otherwise released by the Secretary of Agriculture.

(3)

Exceptions

Paragraphs (1) and (2) shall not apply to any plant, plant product, biological control organism, plant pest, or noxious weed that is imported from a country or region of a country designated by the Secretary of Agriculture, pursuant to regulations, as exempt from the requirements of such paragraphs.

(b)

Duty of responsible parties

(1)

Notification

The person responsible for any plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance required to have a permit under section 7711 or 7712 of this title shall provide the notification described in paragraph (3) as soon as possible after the arrival of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance at a port of entry and before the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance is moved from the port of entry.

(2)

Submission

The notification shall be provided to the Secretary, or, at the Secretary’s direction, to the proper official of the State to which the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance is destined, or both, as the Secretary may prescribe.

(3)

Elements of notification

The notification shall consist of the following:

(A)

The name and address of the consignee.

(B)

The nature and quantity of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance proposed to be moved.

(C)

The country and locality where the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance was grown, produced, or located.

(c)

Prohibition on movement of items without authorization

No person shall move from a port of entry or interstate any imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance unless the imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance—

(1)

is inspected and authorized for entry into or transit movement through the United States; or

(2)

is otherwise released by the Secretary.

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. Plant Protection Act

    Pub. L. 106–224 title IV § 413 · 114 Stat. 358

    Enacted · 7 U.S.C. § 7713

    (Pub. L. 106–224, title IV, § 413, June 20, 2000, 114 Stat. 443.)

    Source evidence

    Code source credit
    (Pub. L. 106–224, title IV, § 413, June 20, 2000, 114 Stat. 443.)

    Enacted provision · exact public law section
    SEC. 413. NOTIFICATION AND HOLDING REQUIREMENTS UPON ARRIVAL. (a) Duty of Secretary of the Treasury.— (1) Notification.— The Secretary of the Treasury shall promptly notify the Secretary of Agriculture of the arrival of any plant, plant product, biological control organism, plant pest, or noxious weed at a port of entry. (2) Holding.— The Secretary of the Treasury shall hold a plant, plant product, biological control organism, plant pest, or noxious weed for which notification is made under paragraph (1) at the port of entry until the plant, plant product, biological control organism, plant pest, or noxious weed— (A) is inspected and authorized for entry into or transit movement through the United States; or (B) is otherwise released by the Secretary of Agriculture. (3) Exceptions.— Paragraphs (1) and (2) shall not apply to any plant, plant product, biological control organism, plant pest, or noxious weed that is imported from a country or region of a country designated by the Secretary of Agriculture, pursuant to regulations, as exempt from the requirements of such paragraphs. (b) Duty of Responsible Parties.— (1) Notification.— The person responsible for any plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance required to have a permit under section 411 or 412 shall provide the notification described in paragraph (3) as soon as possible after the arrival of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance at a port of entry and before the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance is moved from the port of entry. (2) Submission.— The notification shall be provided to the Secretary, or, at the Secretary’s direction, to the proper official of the State to which the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance is destined, or both, as the Secretary may prescribe. (3) Elements of notification.— The notification shall consist of the following: (A) The name and address of the consignee. (B) The nature and quantity of the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance proposed to be moved. (C) The country and locality where the plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance was grown, produced, or located. (c) Prohibition on Movement of Items Without Authorization.— No person shall move from a port of entry or interstate any imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance unless the imported plant, plant product, biological control organism, plant pest, noxious weed, article, or means of conveyance— (1) is inspected and authorized for entry into or transit movement through the United States; or (2) is otherwise released by the Secretary.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter 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

(Pub. L. 106–224, title IV, § 413, , 114 Stat. 443.)

Parsed from the official OLRC USLM XML in data/usc_all/usc07.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t7/s7713