§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 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.
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Editorial Notes
References in Text
This chapter, referred to in pars. (4) and (9), was in the original "this title", meaning title IV of
Statutory Notes and Related Subsidiaries
Short 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.
Regulations To Improve Management and Oversight of Certain Regulated Articles
"(a)
"(1) take action on each issue identified in the document entitled 'Lessons Learned and Revisions under Consideration for APHIS' Biotechnology Framework', dated October 4, 2007; and
"(2) as the Secretary considers appropriate, promulgate regulations to improve the management and oversight of articles regulated under the Plant Protection Act (7 U.S.C. 7701 et seq.).
"(b)
"(1) the quality and completeness of records;
"(2) the availability of representative samples;
"(3) the maintenance of identity and control in the event of an unauthorized release;
"(4) corrective actions in the event of an unauthorized release;
"(5) protocols for conducting molecular forensics;
"(6) clarity in contractual agreements;
"(7) the use of the latest scientific techniques for isolation and confinement distances;
"(8) standards for quality management systems and effective research; and
"(9) the design of electronic permits to store documents and other information relating to the permit and notification processes.
"(c)
"(1) establishing-
"(A) a system of risk-based categories to classify each regulated article;
"(B) a means to identify regulated articles (including the retention of seed samples); and
"(C) standards for isolation and containment distances; and
"(2) requiring permit holders-
"(A) to maintain a positive chain of custody;
"(B) to provide for the maintenance of records;
"(C) to provide for the accounting of material;
"(D) to conduct periodic audits;
"(E) to establish an appropriate training program;
"(F) to provide contingency and corrective action plans; and
"(G) to submit reports as the Secretary considers to be appropriate."
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