Title 7 — Agriculture

Chapter 109 — Animal Health Protection

§ 8304. Exportation

Statutory text

In general

The Secretary may prohibit or restrict—

the exportation of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or disease of livestock;

the exportation of any livestock if the Secretary determines that the livestock is unfit to be moved;

the use of any means of conveyance or facility in connection with the exportation of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or disease of livestock; or

the use of any means of conveyance in connection with the exportation of livestock if the Secretary determines that the prohibition or restriction is necessary because the means of conveyance has not been maintained in a clean and sanitary condition or does not have accommodations for the safe and proper movement and humane treatment of livestock.

Requirements of owners

Orders to disinfect

The Secretary may require the disinfection of—

a means of conveyance used in connection with the exportation of an animal;

an individual involved in the exportation of an animal and personal articles of the individual; and

any article used in the exportation of an animal.

Failure to comply with orders

If an owner fails to comply with an order of the Secretary under this section, the Secretary may—

take remedial action with respect to the animal, article, or means of conveyance referred to in paragraph (1); and

recover from the owner the costs of any care, handling, disposal, or other action incurred by the Secretary in connection with the remedial action.

Certification

The Secretary may certify the classification, quality, quantity, condition, processing, handling, or storage of any animal or article intended for export.

Authorization of appropriations

In general

There is authorized to be appropriated—

$1,500,000 for each of fiscal years 2008 through 2018 to carry out section 11010 of the Food, Conservation, and Energy Act of 2008; and

such sums as may be necessary for each of fiscal years 2008 through 2018 to carry out this section.

Availability

Funds appropriated under paragraph (1) shall remain available until expended.

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.

2002
Pub. L. 107–171 title X § 10405 · 116 Stat. 134
Enacted · 7 U.S.C. § 8304
Pub. L. 107–171, title X, § 10405, May 13, 2002, 116 Stat. 497
Source evidence
Code source credit
Pub. L. 107–171, title X, § 10405, May 13, 2002, 116 Stat. 497
Enacted provision · exact public law section
SEC. 10405. EXPORTATION. (a) In General.— The Secretary may prohibit or restrict— (1) the exportation of any animal, article, or means of conveyance if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or disease of livestock; (2) the exportation of any livestock if the Secretary determines that the livestock is unfit to be moved; (3) the use of any means of conveyance or facility in connection with the exportation of any animal or article if the Secretary determines that the prohibition or restriction is necessary to prevent the dissemination from or within the United States of any pest or disease of livestock; or (4) the use of any means of conveyance in connection with the exportation of livestock if the Secretary determines that the prohibition or restriction is necessary because the means of conveyance has not been maintained in a clean and sanitary condition or does not have accommodations for the safe and proper movement and humane treatment of livestock. (b) Requirements of Owners.— (1) Orders to disinfect.— The Secretary may require the disinfection of— (A) a means of conveyance used in connection with the exportation of an animal; (B) an individual involved in the exportation of an animal and personal articles of the individual; and (C) any article used in the exportation of an animal. (2) Failure to comply with orders.— If an owner fails to comply with an order of the Secretary under this section, the Secretary may— (A) take remedial action with respect to the animal, article, or means of conveyance referred to in paragraph (1); and (B) recover from the owner the costs of any care, handling, disposal, or other action incurred by the Secretary in connection with the remedial action. (c) Certification.— The Secretary may certify the classification, quality, quantity, condition, processing, handling, or storage of any animal or article intended for export.
2008
Food, Conservation, and Energy Act of 2008
Pub. L. 110–246 § 11010(c) · 122 Stat. 1651
Added · 7 U.S.C. § 8304(d)
Pub. L. 110–246, § 11010(c), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 110–246, § 11010(c), added subsec. (d).
Enacted provision · exact public law section
(c) Authorization of Appropriations.— Section 10405 of the Animal Health Protection Act (7 U.S.C. 8304) is amended by adding at the end the following new subsection: “(d) Authorization of Appropriations.— “(1) In general.— There is authorized to be appropriated— “(A) $1,500,000 for each of fiscal years 2008 through 2012 to carry out section 11010 of the Food, Conservation, and Energy Act of 2008; and “(B) such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section. “(2) Availability.— Funds appropriated under paragraph (1) shall remain available until expended.” .
Effective date note
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
2014
Agricultural Act of 2014
Pub. L. 113–79 title XII § 12101(c) · 128 Stat. 649
Substituted · 7 U.S.C. § 8304(d)(1)
Pub. L. 113–79 substituted “2018” for “2012” in subpars. (A) and (B)
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 113–79 substituted “2018” for “2012” in subpars. (A) and (B).
Enacted provision · exact public law section
(c) Reauthorization.— Section 10405(d)(1) of the Animal Health Protection Act (7 U.S.C. 8304(d)(1)) is amended in subparagraphs (A) and (B) by striking “2012” each place it appears and inserting “2018”.

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 11010 of the Food, Conservation, and Energy Act of 2008, referred to in subsec. (d)(1)(A), is section 11010 of Pub. L. 110–246, which amended this section and enacted provisions set out as a note below.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments2008–2014 · 2 rounds

2014

Subsec. (d)(1). Pub. L. 113–79 substituted “2018” for “2012” in subpars. (A) and (B).

2008

Subsec. (d). Pub. L. 110–246, § 11010(c), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.

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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Trichinae Certification Program

Pub. L. 113–79, title XII, § 12101(a), (b), Feb. 7, 2014, 128 Stat. 978, provided that:

“(a)
Alternative Certification Process.—
The Secretary of Agriculture shall amend the rule made under paragraph (2) of section 11010(a) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8304(a) [sic]) [7 U.S.C. 8304 note, set out below] to implement the voluntary trichinae certification program established under paragraph (1) of such section, to include a requirement to establish an alternative trichinae certification process based on surveillance or other methods consistent with international standards for categorizing compartments as having negligible risk for trichinae.
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“(b)
Final Regulations.—
Not later than one year after the date on which the international standards referred to in subsection (a) are adopted, the Secretary shall finalize the rule amended under such subsection.”
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Pub. L. 110–234, title XI, § 11010(a), (b), May 22, 2008, 122 Stat. 1359, and Pub. L. 110–246, § 4(a), title XI, § 11010(a), (b), June 18, 2008, 122 Stat. 1664, 2121, provided that:

“(a)
Voluntary Trichinae Certification.—
“(1)
Establishment.—
Not later than 90 days after the date of the enactment of this Act [June 18, 2008], the Secretary of Agriculture shall establish a voluntary trichinae certification program. Such program shall include the facilitation of the export of pork products and certification services related to such products.
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“(2)
Regulations.—
The Secretary shall issue final regulations to implement the program under paragraph (1) not later than 90 days after the date of the enactment of this Act.
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“(3)
Report.—
If final regulations are not published in accordance with paragraph (2) within 90 days of the date of the enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing—
“(A)
an explanation of why the final regulations have not been issued in accordance with paragraph (2); and
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“(B)
the date on which the Secretary expects to issue such final regulations.
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#
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“(b)
Funding.—
Subject to the availability of appropriations under subsection (d)(1)(A) of section 10405 of the Animal Health Protection Act (7 U.S.C. 8304), as added by subsection (c), the Secretary shall use not less than $6,200,000 of the funds made available under such subsection to carry out subsection (a).”
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[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of this title.]

Credits

2002–2014 · 4 acts

2002Pub. L. 107–171, title X, § 10405, May 13, 2002, 116 Stat. 497
2008Pub. L. 110–234, title XI, § 11010(c), May 22, 2008, 122 Stat. 1360
2008Pub. L. 110–246, § 4(a), title XI, § 11010(c), June 18, 2008, 122 Stat. 1664, 2121
2014Pub. L. 113–79, title XII, § 12101(c), Feb. 7, 2014, 128 Stat. 978.

Show as published

(Pub. L. 107–171, title X, § 10405, May 13, 2002, 116 Stat. 497; Pub. L. 110–234, title XI, § 11010(c), May 22, 2008, 122 Stat. 1360; Pub. L. 110–246, § 4(a), title XI, § 11010(c), June 18, 2008, 122 Stat. 1664, 2121; Pub. L. 113–79, title XII, § 12101(c), Feb. 7, 2014, 128 Stat. 978.)