Collapse to view only § 7701. Findings
§ 7701. Findings
Congress finds that—
(1) the detection, control, eradication, suppression, prevention, or retardation of the spread of plant pests or noxious weeds is necessary for the protection of the agriculture, environment, and economy of the United States;
(2) biological control is often a desirable, low-risk means of ridding crops and other plants of plant pests and noxious weeds, and its use should be facilitated by the Department of Agriculture, other Federal agencies, and States whenever feasible;
(3) it is the responsibility of the Secretary to facilitate exports, imports, and interstate commerce in agricultural products and other commodities that pose a risk of harboring plant pests or noxious weeds in ways that will reduce, to the extent practicable, as determined by the Secretary, the risk of dissemination of plant pests or noxious weeds;
(4) decisions affecting imports, exports, and interstate movement of products regulated under this chapter shall be based on sound science;
(5) the smooth movement of enterable plants, plant products, biological control organisms, or other articles into, out of, or within the United States is vital to the United State’s 1
1 So in original.
economy and should be facilitated to the extent possible;(6) export markets could be severely impacted by the introduction or spread of plant pests or noxious weeds into or within the United States;
(7) the unregulated movement of plant pests, noxious weeds, plants, certain biological control organisms, plant products, and articles capable of harboring plant pests or noxious weeds could present an unacceptable risk of introducing or spreading plant pests or noxious weeds;
(8) the existence on any premises in the United States of a plant pest or noxious weed new to or not known to be widely prevalent in or distributed within and throughout the United States could constitute a threat to crops and other plants or plant products of the United States and burden interstate commerce or foreign commerce; and
(9) all plant pests, noxious weeds, plants, plant products, articles capable of harboring plant pests or noxious weeds regulated under this chapter are in or affect interstate commerce or foreign commerce.
(Pub. L. 106–224, title IV, § 402, June 20, 2000, 114 Stat. 438.)
§ 7702. Definitions
In this chapter:
(1) Article
(2) Biological control organism
(3) Enter and entry
(4) Export and exportation
(5) Import and importation
(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
(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
(11) Permit
(12) Person
(13) Plant
(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
(17) State
(18) Systems approach
(19) This chapter
(20) United States
(Pub. L. 106–224, title IV, § 403, June 20, 2000, 114 Stat. 438.)