§1306. Cattle, sheep, swine, and meats; importation prohibited in certain cases

(a) In general

Except as provided in subsection (b) of this section, if the Secretary of Agriculture determines that rinderpest or foot-and-mouth disease exists in any foreign country, he shall officially notify the Secretary of the Treasury and give public notice thereof, and thereafter, and until the Secretary of Agriculture gives notice in a similar manner that such disease no longer exists in such foreign country, the importation into the United States of cattle, sheep, or other ruminants, or swine, or of fresh, chilled, or frozen meat of such animals, from such foreign country, is prohibited: Provided, That wild ruminants or swine may be imported from any such country upon such conditions, including post entry conditions, to be prescribed in import permits or in regulations, as the Secretary may impose for the purpose of preventing the dissemination of said diseases into or within the United States: And provided further, That the subsequent distribution, maintenance, and exhibition of such animals in the United States shall be limited to zoological parks approved by said Secretary as meeting such standards as he may by regulation prescribe for the purpose of preventing the dissemination of said diseases into or within the United States. The Secretary may at any time seize and dispose of any such animals which are not handled in accordance with the conditions imposed by him or which are distributed to or maintained or exhibited at any place in the United States which is not then an approved zoological park, in such manner as he deems necessary for said purpose.

(b) Exception

The Secretary of Agriculture may permit, subject to such terms and conditions as the Secretary determines appropriate, the importation of cattle, sheep, other ruminants, or swine (including embryos of the animals), or the fresh, chilled, or frozen meat of the animals, from a region if the Secretary determines that the region from which the animal or meat originated is, and is likely to remain, free from rinderpest and foot-and-mouth disease, or is, and is likely to remain, a region of low prevalence of rinderpest and foot-and-mouth disease.

(c) Regulations

The Secretary of Agriculture is authorized to make rules and regulations to carry out the purposes of this section, and in such rules and regulations the Secretary of Agriculture may prescribe the terms and conditions for the destruction of all cattle, sheep, and other ruminants, and swine, and of all meats, offered for entry and refused admission into the United States, unless such cattle, sheep, ruminants, swine, or meats be exported by the consignee within the time fixed therefor in such rules and regulations.

(June 17, 1930, ch. 497, title III, §306, 46 Stat. 689 ; Pub. L. 85–867, Sept. 2, 1958, 72 Stat. 1685 ; Pub. L. 90–201, §18, Dec. 15, 1967, 81 Stat. 600 ; Pub. L. 100–449, title III, §301(f)(5), Sept. 28, 1988, 102 Stat. 1869 ; Pub. L. 103–182, title III, §361(d)(1), Dec. 8, 1993, 107 Stat. 2123 ; Pub. L. 103–465, title IV, §431(g), Dec. 8, 1994, 108 Stat. 4969 .)

Prior Provisions

Provisions concerning the importation of neat cattle and the hides of neat cattle were contained in act Oct. 3, 1913, ch. 16, §IV, H, subsections 1 and 2, 38 Stat. 195 , superseding similar provisions of previous tariff acts. Those subsections were superseded by act Sept. 21, 1922, ch. 356, title III, §306, 42 Stat. 937 , and repealed by section 321 thereof. Section 306 of the 1922 act was superseded by section 306 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Amendments

1994-Subsec. (b). Pub. L. 103–465 inserted before period at end ", or is, and is likely to remain, a region of low prevalence of rinderpest and foot-and-mouth disease".

1993-Subsec. (a). Pub. L. 103–182, §361(d)(1)(A), substituted heading for one which read "Rinderpest and foot-and-mouth disease" and "Except as provided in subsection (b) of this section, if the Secretary of Agriculture" for "If the Secretary of Agriculture".

Subsec. (b). Pub. L. 103–182, §361(d)(1)(B), added subsec. (b) and struck out former subsec. (b) "Imports from Canada" which read as follows: "Notwithstanding subsection (a) of this section, the Secretary of Agriculture may permit, subject to such terms and conditions as the Secretary of Agriculture determines appropriate, the importation of cattle, sheep, or other ruminants, or swine (including embryos of such animals) or the fresh, chilled, or frozen meat of such animals from a region of Canada notwithstanding the existence of rinderpest or foot-and-mouth disease in Canada, if-

"(1) the United States and Canada have entered into an agreement delineating the criteria for recognizing that a geographical region of either country is free from rinderpest or foot-and-mouth disease; and

"(2) the appropriate official of the government of Canada certifies that the region of Canada from which the animal or meat originated is free from rinderpest and foot-and-mouth disease."

1988-Subsec. (b). Pub. L. 100–449 added subsec. (b).

1967-Subsec. (b). Pub. L. 90–201 repealed subsec. (b) prohibiting importation of meats unfit for human food. See section 620 of Title 21, Food and Drugs.

1958-Subsec. (a). Pub. L. 85–867 struck out "domestic" before "ruminants", substituted "meat of such animals" for "beef, veal, mutton, lamb, or pork", and inserted provisos prohibiting importation of wild ruminants or swine except under conditions preventing dissemination of livestock diseases and limiting distribution, maintenance and exhibition of such animals to approved zoological parks, and seizure and disposal provision.

Subsec. (c). Pub. L. 85–867 struck out "domestic" before "ruminants" in two places.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on the date of entry into force of the WTO Agreement with respect to the United States [Jan. 1, 1995], except as otherwise provided, see section 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of this title.

Effective and Termination Dates of 1988 Amendment

Amendment by Pub. L. 100–449 effective on date the United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–201 effective on expiration of sixty days after Dec. 15, 1967, see section 20(a) of Pub. L. 90–201, set out as an Effective Date note under section 601 of Title 21, Food and Drugs.

Section Referred to in Other Sections

This section is referred to in title 16 section 1540; title 21 section 136a.